Agenda packet — Central Coast Community Energy (3CE) Operations Board, April 9, 2025 (part 1 of 4)

Operations Board of Directors
April 9, 2025
10:30 A.M.

Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940

REMOTE LOCATION VIA TELECONFERENCE
Any interested parties or community members may attend, and participate in, the meeting at the following addresses where Board members may also join the meeting from:

County of Santa Cruz
701 Ocean Street,
701 Community Room
Santa Cruz, CA 95060
City of Watsonville
City Manager’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
City of Morro Bay
City Hall
595 Harbor Street
Morro Bay, CA 93442
City of Paso Robles
Allegretto Vineyard Hotel
2700 Buena Vista Dr
Paso Robles, CA 93446
City of San Luis Obispo
City Hall
990 Palm Street, Council Chambers
San Luis Obispo, CA 93401
City of Santa Maria
City Hall
110 East Cook Street, Council Chambers
Santa Maria, CA 93454
County of Santa Barbara
County Administration Building
105 East Anapamu Street,
BOS Conference Room, Fourth Floor
Santa Barbara, CA 93101
Public may participate through ZOOM. For ZOOM participation please join by computer audio at:
https://us02web.zoom.us/j/83507087702
Or join by phone:
+1 669 900 6833 or +1 669 219 2599
Enter this Webinar ID Number: 835 0708 7702 when prompted. Please note there is no Participant Code, you will press # again after the recording prompts you.

You will be placed in the meeting as an attendee. To make a public comment:
 If joined by computer, please press the button to raise your hand  If joined by phone, please push *9 on your keypad
If you have anything that you wish to be distributed to the Board, please provide 15 copies to a member of 3CE staff or the Board Clerk, who will distribute the information to the Board members and staff.

The public may comment on the consent agenda and matters not listed on the agenda but within the Board's jurisdiction at the opening of the meeting. The Board may not take action at this meeting on any item not listed on the Agenda other than to refer the matter to staff or set it for a future meeting. The public may comment on a specific item listed on this agenda when the Board considers that item.

Speakers are limited to 3 minutes each.

In addition, members of the public may request and receive copies without undue delay of any documents that are distributed to the Board, unless there is a specific exemption under the Public Records Act that prevents the disclosure of the record. (Cal. Gov’t Code Section 54957.5) In compliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Board in advance of a meeting and that relate to an agenda item will be made available at 3CE’s offices located at 70 Garden Court, Suite 300, Monterey, CA 93940 during normal business hours and are also available on the 3CE website located at: https://pub-3ce.escribemeetings.com/ REASONABLE ACCOMMODATIONS: In compliance with the Americans with Disabilities Act, any individuals who desire to request a reasonable accommodation or modification to observe or participate in the meeting may make such a request by sending an email to: [email protected] Copies of documents may be made in alternative formats, upon request. Requests for accommodations should be made no later than two (2) business days prior to the meeting to allow time for 3CE to address the request.

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS: Pursuant to Government Code section 84308, members of the Board are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the Board member received more than $250 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the decision on the agenda item since January 1, 2023. Members of the Board who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to a Board member during the proceeding or for 12 months after a final decision is rendered in that proceeding, are required to disclose that fact for the official record of the subject proceeding. Disclosures must include the amount of the campaign contribution and identify the recipient Board member and may be made either in writing to the Clerk of the Board prior to the subject hearing or by verbal disclosure at the time of the hearing.

Welcome & Roll Call
Corrections or Additions
The Clerk will announce agenda corrections or proposed additions of emergency, urgency, or continued items, which will be acted on by the Board as provided in Section 54954.2 of the California Government Code.

Public Comment on Items on the Consent Calendar and Items Not listed on the Agenda The public may address the Board on the Consent Calendar and any matter within the jurisdiction of the Board but not on the agenda.

CONSENT CALENDAR

1. Approve the minutes from the February 21, 2025 special meeting of the Operations Board

2. Approve and authorize the CEO to execute Amendment No. 2 to TRC Engineers, Inc. amended and restated standard services agreement to renew and amend the termination date, for a revised term of August 11, 2022 through September 30, 2027, to add additional
services for code updates and outreach to engage new member agencies, and to increase the Agreement's amount by an additional $385,000 for a total not-to-exceed amount of $706,935

3. Adopt Resolution No. OB-2025-02 Establishing a Claims Procedure Pursuant to Government Code Section 935, consistent with Policy Board approval of Resolution No. PB-2025-01

4. Review, Approve, and Adopt a Revised 3CE Purchasing and Procurement Policy - Financial Policy (FP 8)

5. Review, Approve, and Adopt a Revised 3CE Travel Policy – Financial Policy (FP 9)

6. Ratify CalCCA annual membership dues payments for 3CE’s Fiscal Year 2024-2025 and authorize the CEO to pay CalCCA dues in an amount not to exceed $540,000 annually, through October 1, 2025

7. Financial report for the period October 1, 2024 through January 31, 2025

8. Investment Performance Report for the period of October 1, 2024 through December 31, 2024

9. FY 2023-2024 Audited Financials Report

10. Update on 3CE's Energy Programs

11. Regulatory Update

PRESENTATION

12. PCIA Presentation

REGULAR AGENDA

13. CEO Report
a. Community Advisory Council Report
b. EV Charger Asset Pilot Update
c. Request for Proposals Issued for Clean, Renewable, and Reliable Projects

14. Approve and authorize the CEO to execute Amendment No. 6 to the Cohen Ventures, Inc. DBA Energy Solutions amended and restated standard services agreement to revise the scope of work allowing 3CE to distribute incentive checks directly, and to reduce
the Agreement’s amount by $735,000 to a total not-to-exceed amount of $4,080,000

15. Approve and authorize CEO to execute Amendment No. 2 and ratify Amendment No. 1 to the agreement with Calpine Energy Solutions to provide data management and call center services Board member comments and reports
Adjournment
Operations Board of Directors
Special Meeting
February 21, 2025
9:00 AM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
The meeting was called to order at 9:11 AM with 11 members attending from 5 locations and a quorum established.

Directors Present: Headquarters: Chiulos, Hunter, Long, Mirrione County of Santa Cruz: Serino, Chair Huffaker
City of Morro Bay: Kimball
City of Arroyo Grande: Downing
City of Santa Maria: Armas, Rowlands, Wolfe
Directors Absent: LaGoe, Mendez, Pontes, Ramirez, Ring, Uslar, Vides, Vice Chair Lewis The Chair opened the public comment period for items on the consent calendar and items not listed on the agenda.

There were no comments received.

The Chair closed public comment period.

Clerk announced that there are no corrections or additions to the agenda County of Santa Cruz
701 Ocean Street,
Redwood Room
Room 520
Santa Cruz, CA 95060
City of Morro Bay
City Hall
595 Harbor Street
Morro Bay, CA 93442
City of Arroyo Grande
City Hall
300 E Branch St
Arroyo Grande, CA 93420
City of Santa Maria
City Hall
110 East Cook Street, Council Chambers
Santa Maria, CA 93454

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CONSENT CALENDAR
MOTION: Moved by Director Dowing, Seconded by Director Chiulos to approve the Consent Calendar.

ACTION: The Motion Carried with a roll call vote: 11/0/8 AYES: Chiulos, Downing, Hunter, Kimball, Long, Mirrione, Armas, Serino, Rowlands, Wolfe, Chair Huffaker
NOES: None
ABSENT: LaGoe, Mendez, Pontes, Ramirez, Ring, Uslar, Vides, Vice Chair Lewis

1. Approved minutes from the February 12, 2025 Operations Board special meeting

2. Adopted Resolution No. OB-2025-01 to the Veracity of 3CE's 2023 Power Content Label

REGULAR AGENDA

3. Authorized the CEO to execute a second amended and restated Power Purchase Agreement with 64NB 8me LLC, in a form substantially similar to the attached, and any necessary ancillary documents for a total not to exceed amount of $583,000,000 The Chair opened the public comment period.

There were no comments received.

The Chair closed public comment period.

MOTION: Moved by Director Armas, Seconded by Director Hunter to approve ACTION: The Motion Carried with a roll call vote: 11/0/8 AYES: Chiulos, Downing, Hunter, Kimball, Long, Mirrione, Armas, Serino, Rowlands, Wolfe, Chair Huffaker
NOES: None
ABSENT: LaGoe, Mendez, Pontes, Ramirez, Ring, Uslar, Vides, Vice Chair Lewis Adjourned at 9:27 AM

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Staff Report Item 2
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
PREPARED BY: Inaara Muhammad, Manager of Energy Programs Ana Capstick, Energy Programs Analyst
SUBJECT: Approve and authorize the CEO to execute Amendment No. 2 to TRC Engineers, Inc. amended and restated standard services agreement to renew and amend the termination date, for a revised term of August 11, 2022 through September 30, 2027, to add additional services for code updates and outreach to engage new member agencies, and to increase the Agreement’s amount by an additional $385,000 for a total not-to-exceed amount of $706,935 DATE: April 9, 2025
RECOMMENDATION:

This recommends the Operations Board approve and authorize the CEO to execute Amendment No. 2 to TRC Engineers, Inc. amended and restated standard services agreement renew and amend the termination date, for a revised term of August 11, 2022 through September 30, 2027, to add additional services for code updates and outreach to engage new member agencies, and to increase the Agreement’s amount by an additional $385,000 for a total not-to-exceed amount of $706,935.

BACKGROUND:

On August 10, 2022, the Operations Board met and approved an agreement with TRC Engineers, Inc. for consulting services in support of Member Agency reach code adoption. The Agreement had a not-to-exceed amount of $121,935 with a term ending on September 30, 2023.

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On October 3, 2022, 3CE staff launched a redesigned Reach Code Program with program implementation support from TRC Engineers, Inc. The Reach Code Program provides support to Member Agencies for developing and implementing forward-thinking building and transportation electrification reach codes. These reach codes support transition of buildings and vehicles away from natural gas and gasoline to clean energy provided by 3CE. By developing electrification reach codes, cities and counties in 3CE’s service area can save energy and reduce greenhouse gas emissions.

On August 9, 2023, the Operations Board approved Amendment No. 1 to the Agreement with TRC Engineers, Inc. to continue technical assistance services in support of Member Agency reach code adoption, to renew and extend the expiration of the contract for a revised term through September 30, 2025, and to increase the Agreement’s amount by an additional $200,000 for a total not-to-exceed amount of $321,935.

To continue offering technical assistance to Member Agencies that are adopting and updating reach codes, it is necessary to increase the length of the contract term, and the not-to-exceed amount in the Agreement.

DISCUSSION/ANALYSIS:

The Reach Code Program offers stakeholder outreach support and provides no-cost technical assistance to help Member Agencies adopt and implement reach codes that advance new construction electrification, existing building electrification, and electric vehicle charging infrastructure. Support includes presenting to key stakeholders, answering technical questions, attending meetings, developing customized ordinances, reviewing staff presentations and reports, and developing implementation tools to help Member Agencies enforce their reach codes. With this amendment, TRC will continue to support 3CE’s Member Agencies in developing reach codes, provide resources and education to agencies to independently update future reach codes, and engage in outreach to new Member Agencies interested in participating in the Program.

Since the Program’s launch, 3CE has supported Member Agencies through various services including reach code development, adoption, and implementation. A summary of prior and ongoing engagements with Member Agencies since Program’s launch is below. Additional reach code types that may become

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available with the new code cycle include fire hardening measures and replacement of gas water heaters with heat pump alternatives.

Reach Code Program Adoption
 City of San Luis Obispo: New Construction- Passed, update support required  City of San Luis Obispo: Existing Buildings, Single Family- Passed, update support required  City of San Luis Obispo: Existing Buildings, Multi-Family- Underway  City of Santa Cruz: New Construction- Passed, update support required  City of Santa Cruz: Existing Buildings, Single Family- Passed, update support required  City of Goleta: New Construction- Passed
 City of Goleta: Electric Vehicle Charging Infrastructure- Passed, update support required Staff will work with TRC to develop a targeted outreach plan to further engage Member Agencies that have not previously participated in the Reach Code Program. Outreach and education will include meetings with Member Agencies to discuss the benefits of reach code adoption including greenhouse gas emissions reductions, reduced indoor air pollution and improved air quality, increased health and safety of homes, electrical readiness for the anticipated increase of electric appliances and chargers, and more. TRC will support the outreach efforts by developing requested educational resources including case studies from previously adopted reach codes, sample ordinance language, and cost effectiveness study analysis.

Through the Program, Member Agencies are actively receiving support to develop their reach codes in response to various building codes that will go in effect through 2028. Furthermore, the Program will leverage TRC’s technical expertise to assist Member Agencies to update relevant reach codes by providing technical expertise from TRC to assist with code language development and . 3CE will also host workshops with TRC to equip Member Agencies with the education and resources to independently update their reach codes for future building cycles.

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Contract Summary
Original
Agreement
Amendment No. 1 Amendment No. 2 (PROPOSED)
Counterpart
y
TRC Engineers, Inc.

Services &
Program
Consulting services to support Member Agency reach code adoption – Reach Codes Program
Term Expiration
9/30/2023
Extended 2 years to
9/30/2025
Extend 2 years to 9/30/2027
Not to
Exceed
Amount
Amount:
$121,935
-FY 2021-22: NTE
$21,935
-FY 2022-23: NTE
$100,000 or such
amount
consistent with
operating budget
TOTAL NTE of
Contract:
$121,935
Add $200,000
-FY 2023-24 shall not
exceed $100,000 or
such amount
consistent with
approved operating
budget
-FY 2024-25 shall not
exceed $100,000 or
such amount
consistent with
approved operating
budget
TOTAL NTE of
Contract: $321,935
Add $385,000
-Additional $71,441.41 for FY 2024-25;
The NTE in FY 2024-2025 shall not
exceed $150,000
-The NTE in FY 2025-2026 shall not
exceed $150,000
-The NTE in FY 2026-2027 shall not
exceed $150,000
TOTAL NTE of Contract: $706,935

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Scope Replace Exhibit B with
B-1: Payment Terms
Replace Exhibit A with A-1: Scope of
Services
Add Task 2.4 – Targeted Outreach to
New Member Agencies
TRC will support meetings with 3CE
Member Agencies that have not
previously engaged with the Reach code
program to share information on reach
code adoption opportunities in their
service area.

Add Task 3.3 - Reach Code Update
Education and Support
Replace Exhibit B-1 with Exhibit B-2:

Payment Terms

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FISCAL IMPACT:

The not-to-exceed amount of the Agreement will increase by $385,000, which is consistent with the FY 2024-25 approved budget and will be reflected in the FY 2025-26 and FY 2026-27 Recommended Budgets.

CONCLUSION:

The Board’s approval of the amended agreement will result in 3CE and TRC’s continued support for Member Agencies’ adoption of building and transportation electrification reach codes through FY 2026-

27. ATTACHMENTS:

1. Original Standard Services Agreement with TRC Engineers, Inc.

2. Amendment No. 1 to Agreement with TRC Engineers, Inc.

3. Proposed Amendment No. 2 to Agreement with TRC Engineers, Inc.

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DocuSign Envelope ID: 085BEDE0-E8FB-4C5E-B008-513A84E157BE EP-2022-011 |

CENTRAL COAST COMMUNITY ENERGY

STANDARD SERVICES AGREEMENT
This Agreement is made by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and TRC Engineers, Inc. (hereinafter “CONTRACTOR”), a California corporation with its principal place of business located at 10680 White Rock Rd., Sacramento, CA 95827. CCCE and CONTRACTOR may be individually referred to herein as “Party” or collectively as “Parties.”
In consideration of the mutual covenants and conditions set forth in this Agreement, the Parties agree as follows:

1. GENERAL DESCRIPTION

1.1. CCCE hereby engages CONTRACTOR to perform, and CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of this Agreement. The goods and/or services are generally described as: Consulting services to support CCCE Member Agency reach code adoption.

2. PAYMENT PROVISIONS

2.1. CCCE shall pay the CONTRACTOR in accordance with the payment provisions set forth in Exhibit B, subject to the limitations set forth in this Agreement. The total amount payable by CCCE to CONTRACTOR under this Agreement shall not exceed (the “NTE”) the sum of $121,935 as follows:

2.1.1. The NTE in FY 2021-2022 shall not exceed $21,935.

2.1.2. The NTE in FY 2022-2023 shall not exceed $100,000 or such amount consistent with the approved FY 2022-2023 Operating Budget.

3. TERM OF AGREEMENT

3.1. The term of this Agreement is from the date of execution until September 30, 2023, unless sooner terminated pursuant to the terms of this Agreement. This Agreement is of no force or effect until signed by both the CONTRACTOR and CCCE, with CCCE’s execution to be last in time. CONTRACTOR may not commence work under this Agreement before CCCE signs this Agreement.

3.2. CCCE reserves the right to cancel this Agreement, or any extension of this Agreement, without cause with thirty (30) days written notice, or with cause immediately.

4. SCOPE OF SERVICES AND ADDITIONAL PROVISIONS

4.1. The following attached exhibits are incorporated herein by reference and constitute a part of this Agreement:

4.1.1. Exhibit A: Scope of Services

4.1.2. Exhibit B: Payment Terms

4.1.3. Exhibit C: Procedures for Unauthorized Release of Covered Information DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF

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DocuSign Envelope ID: 085BEDE0-E8FB-4C5E-B008-513A84E157BE EP-2022-011 |

5. PERFORMANCE STANDARDS

5.1. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR’s agents, employees and subcontractors performing services under this Agreement are specially trained, experienced, competent, and appropriately licensed to perform the work and deliver the services required under this Agreement and are not employees of CCCE or immediate family of an employee of CCCE.

5.2. CONTRACTOR and CONTRACTOR’s agents, employees and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations. All work performed under this Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.

5.3. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement.

CONTRACTOR shall not use CCCE premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

5.4. CONTRACTOR will perform the services consistent with the professional skill and care ordinarily provided by the same type of professional, for a project of similar size, scope, and complexity during the time which the Services are provided, and in a similar locality, under similar circumstances (“Standard of Care”). Such Standard of Care is not a warranty or guarantee, and CONTRACTOR has no such obligation, express or implied. Nothing in this Agreement will be interpreted to require CONTRACTOR to perform professional services to any higher standard or have any obligation in the performance of professional services in excess of what is required by the Standard of Care, and this paragraph will control over any contrary provision.

6. PAYMENT CONDITIONS

6.1. Prices shall remain firm for the initial term of the Agreement and, thereafter, may be adjusted annually as provided herein. CCCE does not guarantee any minimum or maximum amount of dollars to be spent under this Agreement.

6.2. Negotiations for rate changes shall be commenced, by CONTRACTOR, a minimum of ninety days (90) prior to the expiration of the Agreement. Rate changes are not binding unless mutually agreed upon in writing by CCCE and the CONTRACTOR.

6.3. Invoices shall be submitted monthly on a form acceptable to CCCE and provide sufficient detail, as determined by CCCE, of services rendered for the invoiced period.

6.4. CCCE shall certify the invoice for payment in either the amount requested, or in such other amount as CCCE determines is due in conformity with this Agreement. Invoices shall be certified and paid within 45 days of submission to CCCE.

6.5. If CCCE does not pay CONTRACTOR within forty-five (45) days of the date of an invoice, then CONTRACTOR may, upon seven (7) days’ written notice to CCCE, suspend performance of the Services until payment of the amount owing has been received.

DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF

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DocuSign Envelope ID: 085BEDE0-E8FB-4C5E-B008-513A84E157BE EP-2022-011 |

7. TERMINATION

7.1. During the term of this Agreement, CCCE may terminate the Agreement for any reason by giving written notice of termination to the CONTRACTOR at least thirty (30) days prior to the effective date of termination. Such notice shall set forth the effective date of termination. In the event of such termination, the amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of termination. Contractor shall be paid for any winddown expenses that are required for to the termination, upon CCCE request.

7.2. CCCE may cancel and terminate this Agreement for good cause effective immediately upon written notice to CONTRACTOR. “Good cause” includes the failure of CONTRACTOR to perform the required services at the time and in the manner provided under this Agreement. If CCCE terminates this Agreement for good cause, CCCE may be relieved of the payment of any consideration to CONTRACTOR, and CCCE may proceed with the work in any manner, which CCCE deems proper. The cost to CCCE shall be deducted from any sum due the CONTRACTOR under this Agreement.

CONTRACTOR shall be paid for all services performed through the date of Termination.

8. INDEMNIFICATION

8.1. CONTRACTOR shall indemnify, and hold harmless CCCE, its Directors, Board members, officers member agencies and employees (Indemnitees) from any third-party claim, loss, demand, damage arising out of, or in connection with, performance of this Agreement by CONTRACTOR and/or its agents, employees or sub-contractors to the extent such claims are caused by CONTRACTOR’s negligent acts, errors, or omissions in the performance under this Agreement. For all other claims, excepting to the extent of loss, injury or damage caused by the negligence or willful misconduct of personnel employed by CCCE, CONTRACTOR shall indemnify and defend and hold Indemnitees against all losses, demands, or damage, and will defend Indemnitees against any and all claims, arising out of third party bodily injury, disease, death, or property damage (excluding damages for loss of use) arising out of or relating to the services performed, but only to the extent such bodily injury, disease, death, or property damage is caused by the negligence or intentional misconduct of CONTRACTOR, its subcontractors, or any person or entity for whose acts or omissions any of them are responsible in the performance of this Agreement. It is the intent of the parties to this Agreement to provide the broadest possible coverage for CCCE. The Parties shall, to the extent of negligence, share in the proportionate costs, attorneys’ fees, expenses and liabilities incurred with respect to any litigation in which the CONTRACTOR is obligated to indemnify, defend and hold harmless CCCE under this Agreement.

8.1.1. The CONTRACTOR’s selection of counsel to satisfy CONTRACTOR’s defense and hold harmless obligation as set forth in section 8.1 above, shall be subject to review and approval by CCCE.

8.1.2. Notwithstanding any other provision of this Agreement, CCCE shall be entitled to participate fully in the defense of any claim or action the expense of any such participation to be borne by CCCE.

9. INSURANCE REQUIREMENTS

9.1. Prior to commencement of this Agreement, the CONTRACTOR shall provide a “Certificate of Insurance” certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. This verification of coverage shall be sent to CCCE.

DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF

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DocuSign Envelope ID: 085BEDE0-E8FB-4C5E-B008-513A84E157BE EP-2022-011 |

9.2. Without limiting CONTRACTOR’s duty to defend and indemnify, CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:

9.2.1.1.Commercial General Liability Insurance, including but not limited to premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broad form Property Damage, Independent Contractors, Products and Completed Operations, and cross-liability with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence, and $2,000,000 in the aggregate.

9.2.1.2.Business Automobile Liability Insurance, covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services under this Agreement, with a combined single limit for Bodily Injury and Property Damage of not less than $500,000 per occurrence.

9.2.1.3.Workers’ Compensation Insurance, if CONTRACTOR employs others in the performance of this Agreement, in accordance with California Labor Code section 3700 and with Employer’s Liability limits not less than $1,000,000 each person, $1,000,000 each accident and $1,000,000 each disease.

9.2.1.4.Professional Liability Insurance, if required for the professional services being provided, (e.g., those persons authorized by a license to engage in a business or profession regulated by the California Business and Professions Code), in the amount of not less than $1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services.

If professional liability insurance is written on a “claims-made” basis rather than an occurrence basis, the CONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain extended reporting coverage (“tail coverage”) with the same liability limits. Any such tail coverage shall continue for at least three years following the expiration or earlier termination of this Agreement.

9.3. Unless otherwise specified by this Agreement, all such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of three years following the date CONTRACTOR completes its performance of services under this Agreement.

9.4. Commercial general liability and automobile liability policies shall provide an endorsement naming CCCE, its Directors, Board members, officers, member agencies and employees as Additional Insureds with respect to liability arising out of the CONTRACTOR’S work, including ongoing and completed operations, and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by CCCE and that the insurance of the Additional Insureds shall not be called upon to contribute to a loss covered by the CONTRACTOR’S insurance.

DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF

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DocuSign Envelope ID: 085BEDE0-E8FB-4C5E-B008-513A84E157BE EP-2022-011 |

10. RECORD AND CONFIDENTIALITY

10.1. CONTRACTOR and its officers, employees, agents, and subcontractors shall comply with any and all federal, state, and local laws, which provide for the confidentiality of records and other information. CONTRACTOR shall not disclose any confidential records or other confidential information received from CCCE or prepared in connection with the performance of this Agreement, unless CCCE specifically permits CONTRACTOR to disclose such records or information.

CONTRACTOR shall promptly transmit to CCCE any and all requests for disclosure of any such confidential records or information. CONTRACTOR shall not use any confidential information gained by CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out CONTRACTOR’s obligations under this Agreement.

10.1.1. Confidential Information specifically includes Covered Information (as defined in Exhibit C), including Protected Personal Information(“PPI”) that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer, household, or customer account. All such Covered Information and PPI must fully be protected from disclosure as set forth in California Public Utility Commission Decision D.12- 08-045. In the event of an unauthorized release of Covered Information and PPI, CONTRACTOR shall comply with Exhibit C, Procedures for Unauthorized Release of Covered Information.

10.2. Upon expiration or termination of this Agreement, CONTRACTOR shall return to CCCE any CCCE records which CONTRACTOR used or received from CCCE to perform services under this Agreement. Notwithstanding the forgoing, Contractorshall not be required to alter, modify, delete, or destroy computer back-up media made in the ordinary course of business, one archival copy of the Confidential Information, or information required by law to be maintained, provided that any such information is maintained in confidence pursuant to this Agreement.

10.3. CONTRACTOR shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and local rules and regulations related to services performed under this Agreement. CONTRACTOR shall maintain such records for a period of at least three years after receipt of final payment under this Agreement. If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the three-year period, then CONTRACTOR shall retain said records until such action is resolved.

10.4. CCCE shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors related to services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this Agreement may be subject, at the request of CCCE or as part of any audit of CCCE, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

10.5. CCCE shall have a royalty-free, exclusive and irrevocable license to reproduce, publish, and use, and authorize others to do so, all original computer programs, writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature produced in the course of or under this Agreement. CONTRACTOR shall not publish any such material without the prior written approval of CCCE. In the event CCCE, its employees, permitted assigns, successors, consultants, member agencies, and other engineers (“CCCE Parties”), subsequently reproduces or otherwise uses DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF

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the deliverables or creates a derivative work based upon the deliverables, CCCE will, where authorized or permitted by law, remove or completely obliterate the original professional seals, trademarks, logos, and other indications on the deliverables of the identity of CONTRACTOR, its employees, and its sub-consultants. Additionally, such use by CCCE of the deliverables is at CCCE’s sole risk.

11. NON-DISCRIMINATION

11.1. During the performance of this Agreement, CONTRACTOR, and its subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, maritalstatus, age (over 40), or sexual orientation, either in CONTRACTOR’s employment practices or in the furnishing of services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and applicants for employment and all persons receiving and requesting services are free of such discrimination. CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all federal, state, and local laws and regulations which prohibit discrimination. The provision of services primarily or exclusively to such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.

12. INDEPENDENT CONTRACTOR

12.1. In the performance of work, duties, and obligations under this Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as an employee of CCCE.

No offer or obligation of permanent employment with CCCE and CONTRACTOR shall not become entitled by virtue of this Agreement to receive from CCCE any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ compensation coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of CONTRACTOR’s performance of this Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold CCCE harmless from any and all liability which CCCE may incur because of CONTRACTOR’s failure to pay such taxes.

13. NOTICES

13.1. Notices required under this Agreement shall be delivered personally or by first-class, postage pre-paid mail to CCCE and CONTRACTOR’S contract administrators at the addresses listed below:

Central Coast Community Energy TRC Engineers, Inc.

Chief Financial & Technology Officer Abhijeet Pande, Vice President 70 Garden Court, Suite 300 17911 Von Karman Avenue, Suite 400 Monterey, Ca 93940 Irvine, CA 92614-6261

14. MISCELLANEOUS PROVISIONS

14.1. Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to acquire any interest during the term of this Agreement, which would directly, or indirectly conflict in any manner or to any degree with the full and complete performance of the services required to be rendered under this Agreement.

14.2. Amendment. This Agreement may be amended or modified only by an instrument in writing signed by CCCE and the CONTRACTOR.

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14.3. Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed by CCCE and the CONTRACTOR. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.

14.4. Contractor. The term “CONTRACTOR” as used in this Agreement includes CONTRACTOR’s officers, agents, and employees acting on CONTRACTOR’s behalf in the performance of this Agreement.

14.5. Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute.

14.6. Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of CCCE None of the services covered by this Agreement shall be subcontracted without the prior written approval of CCCE. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the performance of all requirements of this Agreement.

14.7. Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of CCCE and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, and heirs.

14.8. Compliance with Applicable Law. The parties shall comply with all applicable federal, state, and local laws and regulations in performing this Agreement.

14.9. Headings. The headings are for convenience only and shall not be used to interpret the terms of this Agreement.

14.10. Time is of the Essence. Time is of the essence in each and all of the provisions of this Agreement.

14.11. Governing Law. This Agreement shall be governed by and interpreted under the laws of the State of California.

14.12. Non-exclusive Agreement. This Agreement is non-exclusive and both CCCE and CONTRACTOR expressly reserve the right to contract with other entities for the same or similar services.

14.13. Construction of Agreement. CCCE and CONTRACTOR agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment to this Agreement.

14.14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement.

14.15. Authority. Any individual executing this Agreement on behalf of CCCE or the CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.

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14.16. Integration. This Agreement, including the exhibits, represent the entire Agreement between CCCE and the CONTRACTOR with respect to the subject matter of this Agreement and shall supersede all prior negotiations, representations, or agreements, either written or oral, between CCCE and the CONTRACTOR as of the effective date of this Agreement, which is the date that CCCE signs the Agreement.

14.17. Interpretation of Conflicting Provisions. In the event of any conflict or inconsistency between the provisions of this Agreement and the Provisions of any exhibit or other attachment to this Agreement, the provisions of this Agreement shall prevail and control.

SIGNATURE OF THE PARTIES:

TRC Engineers, Inc. Central Coast Community Energy
BY:

Title: Francis X. Reilly
President, Advanced Energy
BY:

Tom Habashi, CEO
Date: 8/2/2022 Date:

Approved as to Form
BY:

Brian Kimball, General Counsel
Date:

Approved as to Financial Terms
BY:

Jaya Bajpai, Chief Financial Officer
Date:

DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF 8/11/2022
8/11/2022
8/11/2022

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Exhibit A: Scope of Services
Emissions from transportation and building natural gas use comprise the largest sources of GHGs within the Central Coast Community Energy’s (CCCE) service area. CCCE’s Reach Code Program aims to develop and advance Building Electrification and Electric Vehicle (EV) Infrastructure “reach” codes with its Member Agencies to update local building codes for new residential and commercial construction and major remodels. These codes are to be developed in alignment with and build on the 2022 California statewide building code updates. Codes for new buildings and major modifications are the most cost-effective points at which to install EV charging infrastructure and electric appliances compared to retrofitting existing buildings.

TRC will leverage some of the resources developed for Peninsula Clean Energy (PCE), Silicon Valley Clean Energy (SVCE), and East Bay Community Energy (EBCE) to support decarbonization reach code adoption in Central Coast Community Energy (3CE) Member Agencies. This approach will increase efficiency and reduce redundant work.

TRC has assigned budgets by task. TRC will alert CCCE if budget can or needs to move across tasks, but TRC will not exceed a total budget across all tasks.

Task 1 – Administration
TRC will:

Task 1.1 - Setup a kickoff meeting with CCCE
Task 1.2 - Provide monthly invoices and status updates, including work accomplished and next steps, with hours billed by Member Agency and general tasks
Task 1 Deliverable(s): Kickoff meeting, monthly reports, check-ins Task 2 – Outreach and Stakeholder Engagement
Task 2.1 – Website development and maintenance.

TRC will create a new one-page website for CCCE similar to BayAreaReachCodes.org. The website will have CCCE branding and house the municipal tools and templates serving Adoption Support and Implementation Support.

Task 2.2 – Distribution list development.

TRC will lead stakeholder engagement with CCCE staff support. An early start and partnership with regional agencies like Tri-County Regional Energy Network (3C-REN) will ensure strong footing. TRC expects that CCCE will provide the following:
♦ Notice to Member Agency elected officials that reach code technical assistance is being made available, and recommend that Member Agencies prioritize reach code adoption for this year ♦ Email contacts for Member Agency staff anticipated to be reach code champions. This may be Community Development, Planning, Building, or Sustainability staff.

Task 2.3 – Public events. TRC will setup three 60-90-minute stakeholder meetings in CCCE territory to share information on reach code adoption and solicit feedback via discussion and polls. These meetings will introduce reach codes and supporting information, leveraging previously developed and re-branded content.

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Stakeholder meetings will be as follows, with contacts attained from CCCE, 3C-REN, and other regional collaborators:
♦ Member Agency staff – elected officials, municipal staff ♦ Building industry – architects, developers, affordable housing organizations, utilities, building trades, energy consultants, and contractors on the State Licensing Board ♦ General public – Advocates, environmental groups, and other members of the community as determined from the CCCE Communications and Outreach team.

Regional collaborators may include:
♦ County air pollution control districts (APCDs), including Monterey Bay Air Resources District (MBARD) ♦ Golden State Builder Exchanges, which has four local chapters in CCCE service area ♦ California Building Industry Association, which has two local chapters in CCCE service area ♦ CALBO
♦ Central Coast International Code Council
Task 2.4 – Reporting and check-ins. TRC will facilitate bi-weekly check-ins, including agenda and note-taking, to discuss Outreach and other program elements. TRC will also report on attendance, process and share event recordings, and update distribution lists as needed.

Task 2 Deliverable(s): Website, distribution lists, 3 stakeholder meetings, recordings, attendee lists, attendee feedback, bi-weekly check-ins
Task 3 – Municipal Technical Assistance
TRC will support adoption assistance and implementation assistance for Member Agencies that express interest after the stakeholder meetings.

Task 3.1 – Tool development.

TRC will share tool and studies developed and available on BayAreaReachCodes.org, AllElectricDesign.Org, LocalEnergyCodes.com, or other websites, rebranded to represent CCCE. These tools include:
♦ Model codes
o New construction electrification
 Municipal Ordinance
 Part 11 Building Code amendment
o Electric Vehicle Charging Infrastructure
 Zoning Ordinance
 Part 11 Building Code amendment
o Existing buildings
 Time of Permit Ordinance
 Adoption framework
♦ Slide deck library
♦ Staff report template
♦ Frequently Asked Questions
♦ If the Member Agency adopts Part 6 building code amendments governing efficiency or conservation, TRC will provide a template and support application for California Energy Commission approval.

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Task 3.2 – Adoption assistance.

This includes:
♦ Initial meeting to develop a timeline, strategy, and outline needs for technical assistance for each City.
♦ Review and comment staff presentations and staff reports ♦ Answer technical questionsreceived from elected officials or the public ♦ Alongside CCCE, present and/or attend at Council/Board Study Sessions and Readings to support technical questions
Task 3.3 – Implementation assistance.

TRC will develop and offer implementation tools to CCCE member agencies that have adopted reach codes.

Foremost, this will include a building plan checklist that can be housed on a city website and offered to the development community.

Implementation assistance will include supporting each Member Agency that adopts a reach code with a training for Member Agency Staff. TRC may deliver the trainings or collaborate with 3C-REN or other regional agencies to deliver the trainings to Member Agency Staff. The development of the training materials will occur in collaboration with the Bay Area Reach Codes Initiative, Statewide Utility Program, BayREN, and other agencies as well as 3C-REN and TRC.

Task 3.4 - TRC will be available for ad hoc requests from CCCE. Requests can be dependent on specific stakeholder questions and client priorities and may necessitate budget reallocations. Potential requests include but are not limited to:
♦ Targeted outreach efforts such as developer focus groups ♦ Marketing or infographic development
♦ Cost-effectiveness analysis using CCCE rates or custom prototype buildings Task 3 Deliverable(s): Adoption tools, municipal staff technical assistance, implementation tools, municipal staff implementation assistance.

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Exhibit B: Payment Terms
CONTRACTOR will be paid on a time and materials basis to complete the tasks outlined in Exhibit A: Scope of Work. The total not to exceed amount of this Agreement is $121,935.00. The budget is inclusive of travel costs and materials. It does not include printing and distribution of marketing materials or translation services. Without impacting the total not to exceed amount, task budgets may be reallocated between tasks without a contract amendment upon written approval by CCCE.

Hours Totals
Task 1 - Administration 70 $9,917.00

1.1 Kickoff

1.2 Monthly reporting
Task 2 - Outreach and Stakeholder Engagement 425 $54,404.00

2.1 Website development & maintenance

2.2 Distribution list development

2.3 Public events

2.4 Reporting and check-ins
Task 3 - Municipal Technical Assistance 380 $57,614.00

3.1 Tool Development

3.2 Adoption Assistance

3.3 Implementation Assistance

3.4 Ad hoc research
Totals 875 $121,935.00
Rates for key staff are in the table below. Rates shall remain in effect for the term of this Agreement.

Adjustments to staff rates shall require written notice of the change at least 30 days prior to the date the change is to become effective and prior written approval by CCCE.

Title Hourly Rate Staff
Vice President $285 Abhijeet Pande
Director II $240 Gwelen Paliaga
Director $220 Marian Goebes
Associate Director $200 Farhad Farahmand
Senior Project Manager $190 Yun Wei, Mayra Vega
Project Manager II $175 Rupam Singla
Project Manager $160 Avani Goyal, Jose Garcia
Associate Project ManagerII $130 Kristen Bellows
Associate Project Manager $120 Cory Griffin, Rohan Gupta, Yolanda Beesemyer, Haley Lindsay DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF

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Exhibit C: Procedures for Unauthorized Release of Covered Information SCOPE
CONTRACTOR hereby agrees to adhere to these Procedures for detecting and reporting the unauthorized release of Covered Information, including Protected Personal Information (“PPI”).

These Procedures apply to the following unauthorized release activities:

1. Unauthorized access

2. Unauthorized destruction

3. Unauthorized use

4. Unauthorized modification

5. Disclosure to third parties for Secondary Purposes (see below)

DEFINITIONS
Covered Entity – (1) any Community Choice Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers), or any third party that provides services to a Community Choice Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers) under contract, (2) any third party who accesses, collects, stores, uses or discloses covered information pursuant to an order of the Commission, unless specifically exempted, who obtains this information from an electrical corporation, a Community Choice Aggregator or an Electrical Service Provider (when providing service to residential or small commercial customers), or (3) any third party, when authorized by the customer, that accesses, collects, stores, uses, or discloses covered information relating to 11 or more customers who obtains this information from an electrical corporation, a Community Choice Aggregator or an Electrical Service Provider (when providing service to residential or small commercial customers).

Covered Information -- any usage information obtained through the use of the capabilities of Advanced Metering Infrastructure when associated with any information that can reasonably be used to identify an individual, family, household, residence, or non-residential customer, except that covered information does not include usage information from which identifying information has been removed such that an individual, family, household or residence, or non-residential customer cannot reasonably be identified or re-identified. Covered information, however, does not include information provided to the California Public Utilities Commission (the “Commission”) pursuant to its oversight responsibilities.

Primary Purposes – The “primary purposes” for the collection, storage, use, or disclosure of covered information, as outlined in Rule 1(c) of Attachment B, are to:

1. Provide or bill for electrical power or gas,

2. Provide for system, grid, or operational needs,

3. Provide services as required by state or federal law or as specifically authorized by an order of the Commission, or

4. Plan, implement, or evaluate demand response, energy management, or energy efficiency programs under contract with a Community Choice Aggregator or and Electrical Service Provider (when providing service to residential or small commercial customers), under contract with the 8/1/2022 13 Contract Number:

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Commission, or as part of a Commission authorized program conducted by a governmental entity under the supervision of the Commission.

Secondary Purposes – “Secondary purpose” means any purpose that is not a primary purpose.

Non-Covered Entity – “Non-Covered Entity” means any entity not defined as a Covered Entity.

Responsible Parties -- CCCE, CONTRACTOR, and any staff, employees, or sub consultants contracted by CCCE or CONTRACTOR.

PROCEDURE
Detecting and Reporting of Unauthorized Releases

1. All Responsible Parties are required to protect Covered Information from unauthorized release activities as set forth above.

2. Any request by any non-Covered Entities, for access to Covered Information must be reviewed and approved by an CCCE manager level employee to ensure no unauthorized or inadvertent release of Covered Information.

3. All authorized releases of Covered Information to Non-Covered Entities shall be logged and reported to CCCE on a quarterly basis.

4. Any discovery of any unauthorized release of Covered Information must be reported to CCCE within one week of detection.

Unauthorized Release Handling Procedure

1. The discovering party after detecting, or discovery of, the unauthorized release of Covered Information must contact CCCE’s Dir. of Finance and Administration (or another executive manager) immediately.

2. CONTRACTOR will quantify and validate the type and extent of unauthorized release and report that information to CCCE’s Dir. of Finance and Administration in writing with sufficient detail for CCCE to determine the extent and impact of the unauthorized release.

3. CONTRACTOR shall prepare a written annual report of all discoveries of unauthorized releases of Covered Information.

Review and Training

1. At least annually, CONTRACTOR will review these Procedures with its staff, employees, or sub consultants.

2. Any proposed changes to these Procedures shall be provided in writing to CCCE’s Dir. of Finance and Administration for their consideration.
8/1/2022 14 Contract Number:

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Amendment No. 1 To Agreement Between TRC Engineers, Inc and CCCE for [Services] Page 1 of 4 AMENDMENT NO. 1
TO SERVICES AGREEMENT BETWEEN TRC ENGINEERS, INC. AND

CENTRAL COAST COMMUNITY ENERGY
This Amendment No. 1 to the Services Agreement (“Agreement”) which was effec�ve on August 11, 2022 is entered into by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and TRC Engineers, Inc. (“CONTRACTOR”); (CCCE and CONTRACTOR are referred herein as “party,” or collec�vely, as the “Par�es”), with respect to the following:

RECITALS
WHEREAS, CCCE and CONTRACTOR entered into the Agreement on August 11, 2022, to provide goods and/or services generally described as consul�ng services to support CCCE Member Agency reach code adop�on; and
WHEREAS, CCCE seeks to add $200,000 from the Energy Programs Budget to the Agreement to con�nue consul�ng services in support of Member Agency reach code adop�on; and WHEREAS, CCCE seeks to extend the term of the Agreement to September 30, 2025;

AGREEMENT
NOW, THEREFORE, the Par�es agree to amend the Agreement as follows:

The Agreement is hereby amended on the terms and condi�ons as set forth in the Agreement, except as specifically set forth below.

1. Amend the first sentence of Sec�on 3.1 to read as follows:

The term of this Agreement is from the date of execu�on un�l September 30th, 2025, unless sooner terminated pursuant to the terms of this Agreement.

2. Amend Sec�on 2.1 to read as follows:

2.1. CCCE shall pay the CONTRACTOR in accordance with the payment provisions set forth in Exhibit B, subject to the limita�ons set forth in this Agreement. The total amount payable by CCCE to CONTRACTOR under this Agreement shall not exceed (the “NTE”) the sum of $321,935 as follows:

2.1.1. The NTE in FY 2021-2022 shall not exceed $21,935.

2.1.2. The NTE in FY 2022-2023 shall not exceed $100,000

2.1.3 The NTE in FY 2023-2024 shall not exceed $100,000 or such amount consistent with the approved FY 2023-2024 Opera�ng Budget.

2.1.4 The NTE in FY 2024-2025 shall not exceed $100,000 or such amount consistent with the approved FY 2024-2025 Opera�ng Budget.

EP-2023-018
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Amendment No. 1 To Agreement Between TRC Engineers, Inc and CCCE for [Services] Page 2 of 4

3. Replace Exhibit B with Exhibit B-1, atached and incorporated herein.

4. Except as provided herein, all remaining terms, condi�ons and provisions of the Agreement are unchanged and unaffected by this Amendment No. 1 and shall con�nue in full force and effect.

5. A copy of this Amendment No. 1 shall be atached to the Original Agreement.

6. This Amendment No. 1 shall be effec�ve when signed by both par�es.

EP-2023-018
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Amendment No. 1 To Agreement Between TRC Engineers, Inc and CCCE for [Services] Page 3 of 4 Exhibit B-1: Payment Terms
CONTRACTOR will be paid on a time and materials basis to complete the tasks outlined in Exhibit A:

Scope of Work. The total not to exceed amount of this Agreement is $321,935.00. The budget is inclusive of travel costs and materials. It does not include printing and distribution of marketing materials or translation services. Without impacting the total not to exceed amount, task budgets may be reallocated between tasks without a contract amendment upon written approval by CCCE.

Table B-1 FY 2021 - 2022 &
FY 2022 - 2023 FY 2023 - 2024 FY 2024 - 2025
Task 1 - Administra�on $9,917 $8,000 $8,000

1.1 Monthly invoicing & repor�ng
Task 2 - Outreach and Stakeholder
Engagement $54,404 $30,000 $30,000

2.1 Website development &
maintenance

2.2 Distribu�on list development

2.3 Public events

2.4 Repor�ng and check-ins
Task 3 - Municipal Technical Assistance $57,614 $62,000 $62,000

3.1 Tool Development

3.2 Adop�on Assistance

3.3 Implementa�on Assistance

3.4 Ad hoc research
Total - Per Fiscal Year $121,395 $100,000 $100,000
Grand Total $321,935
Rates for key staff are in the table below. Rates shall remain in effect for the term of this Agreement.

Adjustments to staff rates shall require written notice of the change at least 30 days prior to the date the change is to become effective and prior written approval by CCCE.

Title Hourly Rate Staff
Vice President $285 Abhijeet Pande
Director II $240 Gwelen Paliaga
Director $220 Marian Goebes
Associate Director $200 Farhad Farahmand
Senior Project Manager $190 Yun Wei, Mayra Vega, Rosie Kang Project Manager II $175 Rupam Singla
Project Manager $160 Avani Goyal, Jose Garcia
Associate Project Manager II $130 Kristen Bellows
Associate Project Manager $120 Cory Griffin, Rohan Gupta, Yolanda Beesemyer, Haley Lindsay EP-2023-018
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Amendment No. 1 To Agreement Between TRC Engineers, Inc and CCCE for [Services] Page 4 of 4 IN WITNESS WHEREOF, the par�es hereto have set their hands the day and year first above writen.

TRC Engineers, Inc. Central Coast Community Energy
BY:__________________________________ BY:______________________________________ Abhijeet Pande, Vice President
Date: ____________________________
Robert Shaw, Chief Executive Officer
Date: ____________________________
Approved as to Form
BY:___________________________________
Charles Mckee, General Counsel
Date: ____________________________
Approved as to Financial Terms
BY:______________________________________
Dewayne Woods, Chief Financial Officer
Date: ____________________________
EP-2023-018
DocuSign Envelope ID: 52F1CAEB-DAAA-4DA2-85A3-4590DD699664 8/17/2023
8/17/2023
8/17/2023
8/17/2023

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CENTRAL COAST COMMUNITY ENERGY

1. GENERAL DESCRIPTION

2. PAYMENT PROVISIONS

2.1.1. The NTE in FY 2021-2022 shall not exceed $21,935.

2.1.2. The NTE in FY 2022-2023 shall not exceed $100,000 or such amount consistent with the approved FY 2022-2023 Operating Budget.

3. TERM OF AGREEMENT

3.2. CCCE reserves the right to cancel this Agreement, or any extension of this Agreement, without cause with thirty (30) days written notice, or with cause immediately.

4. SCOPE OF SERVICES AND ADDITIONAL PROVISIONS

4.1. The following attached exhibits are incorporated herein by reference and constitute a part of this Agreement:

4.1.1. Exhibit A: Scope of Services

4.1.2. Exhibit B: Payment Terms

4.1.3. Exhibit C: Procedures for Unauthorized Release of Covered Information DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF DocuSign Envelope ID: 52F1CAEB-DAAA-4DA2-85A3-4590DD699664

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5. PERFORMANCE STANDARDS

5.3. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement.

CONTRACTOR shall not use CCCE premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

6. PAYMENT CONDITIONS

6.3. Invoices shall be submitted monthly on a form acceptable to CCCE and provide sufficient detail, as determined by CCCE, of services rendered for the invoiced period.

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7. TERMINATION

CONTRACTOR shall be paid for all services performed through the date of Termination.

8. INDEMNIFICATION

8.1.1. The CONTRACTOR’s selection of counsel to satisfy CONTRACTOR’s defense and hold harmless obligation as set forth in section 8.1 above, shall be subject to review and approval by CCCE.

9. INSURANCE REQUIREMENTS

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10. RECORD AND CONFIDENTIALITY

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11. NON-DISCRIMINATION

12. INDEPENDENT CONTRACTOR

12.1. In the performance of work, duties, and obligations under this Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as an employee of CCCE.

13. NOTICES

13.1. Notices required under this Agreement shall be delivered personally or by first-class, postage pre-paid mail to CCCE and CONTRACTOR’S contract administrators at the addresses listed below:

Central Coast Community Energy TRC Engineers, Inc.

Chief Financial & Technology Officer Abhijeet Pande, Vice President 70 Garden Court, Suite 300 17911 Von Karman Avenue, Suite 400 Monterey, Ca 93940 Irvine, CA 92614-6261

14. MISCELLANEOUS PROVISIONS

14.2. Amendment. This Agreement may be amended or modified only by an instrument in writing signed by CCCE and the CONTRACTOR.

DocuSign Envelope ID: 963150D7-68C7-4D9E-9E1B-B2BAF0AF31DF DocuSign Envelope ID: 52F1CAEB-DAAA-4DA2-85A3-4590DD699664

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