Pittsburg City Council
May 18, 2026

STAFF REPORT

MEETING DATE: May 18, 2026

TO: Mayor and Council Members

FROM: Darin E. Gale‚ City Manager
John Samuelson, Public Works Director/City Engineer
Jolan Longway, Development Services Supervisor

SUBJECT: Adoption of a City Council Resolution Approving Participation in and Execution of Agreements with the Contra Costa
County Regional Alternative Compliance Joint Powers
Authority

EXECUTIVE SUMMARY

Contra Costa County wishes to establish the Contra Costa County Regional Alternative Compliance (RAC) Joint Powers Authority (JPA) as a mechanism for participating Contra Costa Clean Water Program permittees to achieve compliance with stormwater permit regulations relating to Low Impact Development and Green Stormwater Infrastructure (GSI) obligations. Participation in this effort requires the City to approve the JPA; appoint a board member representative and alternate; authorize the JPA to establish one or more community facilities districts; and approve a Joint Community Facilities Agreement.

FISCAL IMPACT

Participation in the RAC JPA will require the City to contribute to the JPA’s annual operating cost, which, under the Draft JPA, is shared equally among all member agencies unless modified by the agreement. The amount of this cost will be presented separately upon confirmation of the final annual budget from the JPA Board. The amount is expected to be nominal because the cost of administering the CFD, the primary function of the JPA, will be paid for out of a special tax collected by the CFD.

Participation may also generate revenue for the City when staff carry out responsibilities such as off-site GSI verification or buyer approvals, as jurisdictions receive payment for performing these duties. There is no fiscal obligation for off-site GSI maintenance

associated with private development projects, because a CFD special tax cover these costs. Public agency buyers fund operations and maintenance directly through agreements with the JPA.

At this time, staff anticipates that JPA membership costs can be absorbed within the City’s existing operating budget. If adjustments or supplemental appropriations become necessary, staff will return to the Council with recommendations.

RECOMMENDATION

Staff recommends City Council adopt the attached Resolution:

1. Approving participation in the Contra Costa County RAC JPA, approving the proposed JPA, and authorizing the City Manager to execute the JPA.

2. Appoint Jolan Longway, Development Services Supervisor, as the JPA Board Representative and April Chamberlain, Administrative Analyst II as the Alternate

3. Direct staff to take such actions as necessary to participate in the RAC System, including preparation of an ordinance to revise the City’s stormwater ordinance to incorporate participation in the RAC System as an approved alternative compliance for meeting applicable stormwater treatment requirements.

4. Authorize staff to collaborate with the RAC JPA Administrator to support RAC System implementation.

5. Authorize the JPA to establish one or more community facilities districts (CFD), accept applications from property owners, annex properties to the CFD, and levy special taxes to finance on-going maintenance costs for Off-Site GSI Projects; and approve a joint community facilities agreement

BACKGROUND

The Municipal Regional Stormwater Permit (MRP) imposes several obligations on local governments. Under Provision C.3.d, regulated new development and redevelopment projects must incorporate on-site Low Impact Development (LID) or GSI to treat stormwater before it reaches local waterways. Many sites—particularly small infill properties, parcels with steep slopes, or locations with underground utility conflicts— face serious constraints that make on-site treatment difficult or infeasible.

In addition, under MRP Provision C.3.j, municipalities must retrofit a quantifiable amount of existing impervious surface with GSI over the permit term. This requirement can be costly and resource-intensive when implemented through numerous small, distributed projects. Moreover, cities must comply with pollutant load reduction targets under the Polychlorinated Biphenyls Total Maximum Daily Load (Provision C.12.c), which require locating stormwater treatment facilities in areas with historically high pollutant loads.

To address these challenges, Contra Costa County, the Cities of San Pablo and Walnut Creek, and the County Flood Control District partnered with the EPA to pilot the RAC System, as outlined in the Regional Alternative Compliance System Public Fact Sheet.

Existing rules and guidance authorizing alternative compliance pathways legally support the RAC System. The San Francisco Bay Water Board reviewed and approved the RAC System under MRP Provision C.3.e, the section explicitly devoted to alternative compliance.

To effectively manage the RAC System, participating agencies are forming a JPA. The JPA is responsible for administering off-site GSI certification, compliance unit accounting, project verification, long-term maintenance funding mechanisms, and annual reporting to the Water Board.

SUBCOMMITTEE FINDINGS

This item was not presented at a subcommittee.

STAFF ANALYSIS

The Contra Costa Clean Water Program (CCCWP) was established in 1991 by Contra Costa municipalities in anticipation of municipal stormwater permitting requirements under the federal Clean Water Act and California water quality laws, with encouragement from regional water regulators. CCCWP is a collaborative program composed of 19 Contra Costa cities and towns, the unincorporated Contra Costa County, and the Flood Control and Water Conservation District, whose main objective is to jointly implement National Pollutant Discharge Elimination System (NPDES) stormwater permit requirements. Some permit provisions are most cost-effective to implement on a regional basis, such as water quality monitoring, public education, and special studies.

The CCC RAC System is an innovative, regionally supported approach to fulfilling state-mandated stormwater treatment obligations. Developed through a partnership between CCCWP, the U.S. Environmental Protection Agency (EPA), and the San Francisco Bay Regional Water Quality Control Board (“San Francisco Bay Water Board”), the RAC System provides an off-site, alternate compliance mechanism for the GSI that would normally be required on-site. The RAC System allows both public agencies and private developers to purchase “compliance units” generated by certified Off-Site GSI projects constructed elsewhere in the county. These units represent an equivalent amount of stormwater treatment required for regulatory compliance.

The RAC System addresses long-standing challenges: constrained development sites, high costs of distributed GSI projects, and the need to target legacy pollutant areas.

Participation in the RAC System is enabled through a new JPA, which provides administrative support, financial mechanisms, and the governance structure necessary to manage Off-Site GSI projects and maintain ongoing compliance. Importantly, the JPA would enable the participating agencies to levy a special tax under the Mello-Roos Community Facilities Act of 1982, as amended (Mello-Roos Act) on private properties

(Participating Properties) that voluntarily choose to participate in the RAC System to fund maintenance of the off-site GSI projects.

Pursuant to the Mello-Roos Act, in order for the JPA to form a community facilities district (CFD) that may include Participating Properties in the City (either at the time of CFD formation or by annexation to the CFD) and levy special taxes to finance maintenance of Off-Site GSI projects, the JPA and the City must enter into a joint community facilities agreement or joint exercise of powers agreement.

The RAC System creates a countywide marketplace in which Off-Site GSI projects, facilities intentionally constructed to treat stormwater from areas beyond their immediate footprint generate standardized “compliance units.” These units are quantified based on the drainage area treated, pollutant removal performance, rainfall zone, and land use characteristics.

Once certified by the local jurisdiction where they are located, Off-Site GSI projects can make their compliance units available for purchase. Public agencies or private developers who cannot feasibly meet on-site stormwater retention requirements may instead purchase sufficient units to meet their MRP obligations. The purchaser also pays for maintenance of the Off-Site GSI projects to ensure the long-term performance of the Off-Site GSI project.

The Draft JPA establishes a governance structure for administering the RAC System.

The JPA is authorized to manage the financial, administrative, and regulatory responsibilities that accompany the program, including forming a community facilities district (CFD) under the Mello-Roos Act to levy special taxes on Participating Properties that voluntarily choose to participate in the RAC System to fund maintenance of the Off- Site GSI projects.

Pursuant to the Mello-Roos Act, in order for the JPA to form a community facilities district (CFD) that may include Participating Properties in the City (either at the time of CFD formation or by annexation to the CFD) and levy special taxes to finance maintenance of Off-Site GSI projects, the JPA and the City must enter into a joint community facilities agreement or joint exercise of powers agreement. The JPA can efficiently levy the special tax under the Mello-Roos Act without the need for each individual participant to establish a new CFD within their jurisdiction. Because public agencies are not subject to CFD special taxes, the JPA would collect a separate fee from public agencies that purchase compliance credits through the RAC System.

The CFD provides a stable, predictable revenue stream to maintain Off-Site GSI facilities, which is essential to ensuring the continued functionality of systems relied upon for compliance. Public agencies that purchase compliance units pay directly to the JPA rather than through property tax mechanisms, which simplifies public-sector participation.

The RAC System offers several benefits that are particularly important for agencies seeking flexible, affordable ways to meet stormwater regulations.

1. It provides a solution for constrained project sites where onsite GSI is impractical. Rather than granting variances or requiring redesigns, staff can direct applicants to a consistent, regionally approved alternative compliance mechanism.

2. It supports more cost-effective stormwater treatment. Large regional GSI facilities can achieve economies of scale, reducing both upfront construction and ongoing maintenance costs per acreage treated compared to multiple small installations dispersed across the city.

3. RAC participation aligns with regional water quality goals. Off-Site GSI facilities can be strategically located in areas with high legacy pollutant loads, helping the City make measurable progress toward PCBs and other TMDL targets.

4. RAC participation reduces local administrative burden. The RAC Tracking Tool— maintained by the JPA—stores compliance unit records, tracks buyer/seller transactions, ensures proper verification and maintenance documentation, and houses all regulatory reporting materials. Without participation in the JPA, these administrative tasks would fall solely on local staff.

Participation in the RAC JPA is consistent with the City’s obligation to comply with state and federal water quality regulations. Furthermore, the program supports regional GSI planning efforts and broad sustainability policies that encourage multi-benefit infrastructure projects, pollutant reduction, and improvements in water quality.

Participation in the RAC JPA will provide flexibility for the City to meet its own permit obligations for the following permit provisions:
• C.3.d Regulated Projects - stormwater treatment resulting from pavement projects, new roadways created or extended, or other capital projects which create new impervious surface (NPDES C.3 Regulated Projects) • C.3.j Green Stormwater Infrastructure Retrofit Targets - The City has met its current obligatory GSI retrofits ( 4.6 acres) prior to the June 30, 2027 deadline with the use of grant funds. However there is currently insufficient funding for future planned Green Stormwater Infrastructure (GSI) projects to meet future MRP 4 permit requirements.

The attached resolution provides that the JPA Agreement, together with the resolution constitutes a joint community facilities agreement. The resolution authorizes the JPA to undertake and conduct proceedings under the Mello Roos Act to form the CFD with boundaries that include Participating Properties within the City’s jurisdiction, to annex Participating Properties within the City’s jurisdiction to the CFD, and to levy a special tax on such Participating Properties; provided that the owners of the Participating Properties at the time of formation of the CFD or annexation to the CFD, as applicable, execute a ballot or unanimous approval in favor of the levy of the special tax in accordance with the Mello-Roos Act.

ATTACHMENTS: Resolution
Regional Alternative Compliance System Public Fact Sheet Exhibit A RAC JPA Agreement

Resolution 26- Page 1 of 4 May 18, 2026

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Approving Participation in and Execution )
Of Agreements with the Contra Costa ) RESOLUTION NO. 26- County Regional Alternative Compliance)
(RAC) Joint Powers Authority )

WHEREAS, the City is a “public agency,” as defined in the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., and is authorized to enter into an agreement to exercise powers common to the member public agencies; and

WHEREAS, the City desires to participate in the Contra Costa County Regional Alternative Compliance (“RAC”) System, which is a program designed to offer a flexible, cost-effective, and scientifically defensible compliance option for the Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board, Permit No. CAS612008; and

WHEREAS, the proposed joint powers authority (“JPA”) is being formed to (i) establish a community facilities district (“CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (“Mello-Roos Act”) in order to finance on-going maintenance costs for “Off-Site GSI Projects” constructed pursuant to the RAC System, and (ii) take other actions in furtherance of the RAC System; and

WHEREAS, a joint exercise of powers agreement between participating cities, Contra Costa County, and the Contra Costa Flood Control and Water Conservation District has been prepared to establish the proposed JPA that will implement the RAC System; and

WHEREAS, the proposed agreement will take effect on the earlier of July 1, 2026, Provided that two proposed member agencies have executed the agreement by such date, or when all proposed member agencies have executed the agreement; and

WHEREAS, each member of the proposed JPA may appoint a representative to serve on the JPA’s Board and an alternative member to serve in the absence of the appointed representative; and

WHEREAS, with respect to the CFD:

(1) the JPA may establish the CFD to finance the maintenance of Off-Site GSI Projects pursuant to Section 53313.5(f) of the Mello-Roos Act, which authorizes community facilities districts to finance the acquisition, improvement, rehabilitation, or maintenance of any real or other tangible property, whether privately or publicly owned, for flood and storm protection services, including, but not limited to, storm drainage and treatment systems;

(2) the City desires to allow the owners (“Participating Owners”) of property being developed

Resolution 26- Page 2 of 4 May 18, 2026
within its jurisdiction (“Participating Properties”) to participate in the CFD in order to finance on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System, whether those Off-Site GSI Projects are located within the boundaries of the City or not, and to allow the JPA to conduct proceedings to form the CFD, annex Participating Properties to the CFD and levy special taxes on such Participating Properties;

(3) both the JPA and the City are “local agencies” under the Mello-Roos Act;

(4) the Mello-Roos Act permits two or more local agencies to enter into a joint community

facilities agreement or joint exercise of powers agreement to exercise any power authorized by the Mello-Roos Act;

(5) the City desires to enter into such an agreement with the JPA to authorize the JPA to form the CFD and annex to the CFD Participating Properties located within the territorial limits of the City for the purpose of financing the maintenance of Off-Site GSI Projects, whether those Off-Site GSI Projects are located within the boundaries of the City or not; and

(6) the City will not be responsible for the conduct of any proceedings to form the CFD, annex Participating Properties to the CFD, levy or collect special taxes, or any required remedial action in the case of delinquencies in such special tax payments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby:

1. Approves the “Joint Powers Agreement Between Participating Cities, Contra Costa County, and the Contra Costa Flood Control and Water Conservation District for Implementation of the Contra Costa County Regional Alternative Compliance System,” attached hereto as Exhibit “A” to this Resolution.

2. Prior to the effective date of the Agreement, the City Council hereby authorizes minor and technical revisions to the Agreement approved in Section 1 that do not change the overall intent of the Agreement or increase liability or cost exposure.

3. Appoints Jolan Longway, Development Services Supervisor as the representative on the JPA’s Board and April Chamberlain, Administrative Analyst II as the alternative representative on the JPA’s Board.

4. Authorizes the City Manager to execute the Agreement.

5. Directs staff to take such actions as necessary to participate in the RAC System, including preparation of an ordinance to revise the City’s stormwater ordinance to incorporate participation in the RAC System as an approved alternative compliance for meeting applicable stormwater treatment requirements.

6. Authorize staff to collaborate with the RAC JPA Administrator to support RAC System implementation.

Resolution 26- Page 3 of 4 May 18, 2026

7. The Agreement, together with the terms and provisions of this Resolution, shall together constitute a separate joint community facilities agreement between the City and the JPA under the Mello-Roos Act for the CFD. The City Council hereby authorizes the JPA to form one or more community facilities districts to accomplish the purposes of this Resolution, and each such community facilities district shall constitute a CFD as that term is used in this Resolution.

8. The adoption by the JPA of a resolution of intention to form the CFD under the Mello- Roos Act to finance on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System shall constitute acceptance by the JPA of the terms of this Resolution with respect to such CFD.

This Resolution shall constitute full approval under Section 8.2 of the Agreement for the JPA to undertake and conduct proceedings under the Mello Roos Act to form the CFD with boundaries that include Participating Properties within the City’s jurisdiction, to annex Participating Properties within the City’s jurisdiction to the CFD, and to levy a special tax on such Participating Properties; provided that the Participating Owners, who shall be the legal owners of such property at the time of formation of the CFD or annexation to the CFD, as applicable, execute a ballot or unanimous approval in favor of the levy of the special tax in accordance with the Mello-Roos Act.

The City Council hereby determines that the Agreement, together with the terms and provisions of this Resolution, are beneficial to the residents/customers of the City and of the future residents of the area within the CFD.

The City Council hereby determines that all of the Off-Site GSI Projects constructed pursuant to the RAC System that will be maintained by Participating Properties within the City’s jurisdiction are necessary to meet increased demands placed upon the City as a result of development occurring or expected to occur within City.

City hereby consents to the formation of, and annexation of Participating Properties to, the CFD in accordance with this Resolution, and consents to the assumption of jurisdiction by the JPA for the proceedings respecting the CFD with the understanding that the JPA will hereafter take each and every step required for or suitable for consummation of the proceedings to form the CFD or annex Participating Properties to the CFD, and the levy, collection and enforcement of the special tax, all at no cost to the City and without binding or obligating the City’s general fund or taxing authority.

The City Council hereby authorizes and directs appropriate officials and staff of the City to execute and deliver such certificates, agreements and documents, and to take all such other lawful actions, as are reasonably required by the JPA in accordance with the formation of the CFD, the annexation of Participating Properties to the CFD, the levy of special taxes and the financing of on-going maintenance costs for Off-Site GSI Projects constructed pursuant to the RAC System.

The Clerk shall certify to the adoption of this Resolution and shall forward a copy of it to the Contra Costa Flood Control and Water Conservation District.

Resolution 26- Page 4 of 4 May 18, 2026
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of May 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Dionne Adams, Mayor
ATTEST:

Alice E. Evenson, City Clerk

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3-7-26 JH Comments

JOINT POWERS AGREEMENT
Between Participating Cities, Contra Costa County, and the Contra Costa Flood Control and Water Conservation District to Establish the Contra Costa County Regional Alternative Compliance Joint Powers Authority for
Implementation of the Contra Costa County Regional Alternative Compliance System This Joint Powers Agreement (“Agreement”) dated July 1, 2026, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among [INSERT FINAL LIST OF PARTICIPATING AGENCIES] (collectively, “Member Agencies” and each, individually, a “Member Agency”). The term “Member Agencies” shall also include a public agency added to this Agreement in accordance with Section 14.

RECITALS
A. The joint powers authority (“JPA”) formed pursuant to this Agreement to administer the Contra Costa County Regional Alternative Compliance (“RAC”) System is authorized to (i) establish a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982 (“Mello-Roos Act”) in order to finance on-going maintenance costs for “Off-Site GSI Projects” constructed pursuant to the RAC System, and (ii) take other actions in furtherance of the RAC System.

B. The RAC System is a program designed to offer a flexible, cost-effective, and scientifically defensible compliance option for the Municipal Regional Permit’s development provisions requiring post-construction stormwater treatment. The Municipal Regional Permit is a Municipal Regional Stormwater National Pollutant Discharge Elimination System ("NPDES") Permit issued by the San Francisco Bay Regional Water Quality Control Board, Permit No. CAS612008.

C. The RAC System allows the owners of regulated developments and certain public agencies (buyers) to purchase “compliance units” in green stormwater infrastructure (GSI) treatment facilities or “Off-Site GSI Projects” constructed elsewhere within the County.

D. The developers of the Off-Site GSI Projects, which may be public agencies or private entities, generate the “compliance units” that can be exchanged through the RAC System and purchased by the buyers (owners of the regulated developments and public agencies that cannot treat stormwater on their own sites). Private buyers will contribute to the cost of operating and maintaining the Off-Site GSI Projects by annexing their development sites into the proposed community facilities district formed by the JPA. Public agencies that are buyers will pay fees directly to the JPA as an alternative funding mechanism because such public agencies cannot be levied a special tax under the proposed community facilities district.

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AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Member Agencies as follows:

1. DEFINITIONS

Capitalized terms used in the Agreement shall have the meanings specified below, unless the context requires otherwise.

1.1 “Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.).

1.2 “Agreement” means this Joint Powers Agreement.

1.3 “Board” means the Board of Directors for the Joint Powers Authority.

1.4 “Effective Date” means the date on which this Agreement shall become effective and the JPA shall exist as a separate public agency, as further described in Section 5.

1.5 “JPA” means the Contra Costa County Regional Alternative Compliance Joint Powers Authority.

1.6 “Off-Site GSI Project” means a green stormwater infrastructure project eligible to exchange compliance credits under the RAC System.

1.7 “RAC System” means the Contra Costa County Regional Alternative Compliance System.

2. NAME OF THE JPA
The JPA shall be known as the Contra Costa County Regional Alternative Compliance Joint Powers Authority.

3. PURPOSE

The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Member Agency and any other powers granted to the JPA under applicable law, including the Act and the Mello-Roos Act. The JPA shall administer the RAC System.

4. ESTABLISHMENT OF THE JPA

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4.1 Separate Legal Entity. The JPA, as a joint powers authority, is a separate entity from the Member Agencies and is responsible for the administration of this Agreement.

4.2 Filing of Notices with Secretary of State and County Clerk. Within thirty (30) days after the Effective Date of this Agreement, the JPA shall cause a notice of this Agreement to be prepared and filed with the office of the California Secretary of State and the State Controller containing the information required by California Government Code Section 6503.5.

4.3 Filing of Notices with County and LAFCO. Within seventy (70) days after the Effective Date of this Agreement, the JPA shall cause a statement of the information concerning the JPA, required by California Government Code Section 53051, to be filed with the office of the California Secretary of State, the Contra Costa County Clerk, and the Contra Costa County Local Agency Formation Commission (LAFCO) stating the facts required to be stated pursuant to subdivision (a) of Government Code Section 53051.

5. TERM
The Agreement shall become effective upon the earlier date of July 1, 2026, provided that two Member Agencies have executed the Agreement by such date, or when all Member Agencies have executed the Agreement (“Effective Date”). The Agreement will remain effective until the JPA is dissolved through procedures outlined in Section 18 of this Agreement.

6. POWERS AND OBLIGATIONS OF THE JPA

6.1 General Powers. The JPA shall have the power in its own name to exercise any and all common powers of its Member Agencies and such additional powers accorded to it by law reasonably related to the purposes of the JPA, including, but not limited to, the powers to:
a. Acquire, lease, construct, own, manage, maintain, dispose of or operate (subject to the limitations herein) any buildings, works or improvements within the boundaries of the Member Agencies deemed necessary by the Board to implement the RAC System; b. Acquire, hold, manage, maintain, or dispose of any other property within the boundaries of the Member Agencies by any lawful means, including without limitation gift, purchase, lease, lease-purchase, license, eminent domain or sale to support the RAC System; c. Seek, receive, and administer funding from any available public, non- profit, foundation or private source, including grants or loans under any available Federal, State and local programs to support the RAC System;
d. Make and enter into other contracts;
e. Form and implement one or more community facilities districts pursuant to the Mello-Roos Act;
f. Incur all authorized debts, liabilities, and obligations, subject to the limitations herein to accomplish the stated purposes and objectives of the JPA;

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g. Receive gifts, contributions and donations of property, funds, services and other forms of financial or other assistance from any persons, firms, corporations or governmental entities;
h. Sue and be sued in its own name;
i. Seek the adoption or defeat of any Federal, State or local legislation or regulation necessary or desirable to accomplish the stated purposes and objectives of the JPA; j. Adopt rules, regulations, policies, bylaws and procedures governing the operation of the JPA;
k. Invest money pursuant to California Government Code Section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code as it now exists or may hereafter be amended; l. Carry out and enforce all the provisions of this Agreement; and m. Exercise all other powers not specifically mentioned herein, but common to Member Agencies, and authorized by California Government Code Section 6508 as it now exists or may hereafter be amended.

6.2 Specific Powers and Obligations. The JPA shall have the power in its own name to exercise the following specific powers and obligations to:
a. Conduct an audit of the records and accounts of the JPA annually by an independent certified public accountant and ensure that copies of such audit report shall be filed with the State Controller and the County Auditor, and shall be provided to the Member Agencies no later than fifteen (15) days after receipt of such audit reports by the JPA; b. Use any statutory power available to it necessary or desirable to finance the exercise of any power of the JPA; and
c. Defend, hold harmless and indemnify, to the fullest extent permitted by law, each Member Agency from any liability, claims, suits or other actions.

7. BOARD OF DIRECTORS

7.1 JPA Governing Board. The JPA shall be governed by a Board of Directors. Each director shall have a single vote on matters coming before the Board.

7.2 Board Members and Alternates. Within thirty (30) days after the Effective Date of this Agreement, each Member Agency shall designate and appoint one its officers, officials, or employees to serve as its representative on the Board. Within thirty (30) days after a new Member Agency becomes a party to this Agreement, the Member Agency shall designate and appoint one of its officers, officials, or employees to serve as its representative on the Board.

Each Member Agency may appoint an alternate representative who is authorized to serve on the

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Board only in the absence of the Member Agency’s primary representative, with the same authority as the primary representative. All primary representatives and alternates shall serve until they are replaced by the appointing Member Agency, or until the withdrawal of the Member Agency from this Agreement, or until such time as they are no longer an officer, official, or employee of the Member Agency. Board members and their alternates shall serve without compensation, but they shall be entitled to reimbursement of expenses they actually incur in connection with their service on the Board, provided such expense is authorized in advance by the Board.

7.3 Qualifications. Each Member Agency shall determine the officers, officials, or employees that will serve as the Member Agency’s primary representative, and their alternate, on the Board of Directors.

7.4 Board Officers. The Board shall annually select one of its members to serve as Chair and another member to serve as Vice Chair.
a. If the Chair is unable to continue serving on the Board, then the Vice- Chair shall become Chair. The Board shall then select a new Vice Chair from among the remaining members of the Board.
b. If the Vice Chair is unable to continue serving on the Board, the Board shall select a new Vice Chair from among the remaining members of the Board. c. The Chair shall preside over all meetings of the Board and perform such other duties as may be imposed by the Board in accordance with applicable law and this Agreement.
d. The Vice-Chair shall preside over all meetings of the Board in the Chair’s absence and perform such other duties as may be imposed by the Board in accordance with applicable law and this Agreement when the Chair is absent.

7.5 Additional Officers and Consultants. The Board may appoint any additional officers deemed necessary or desirable. The Board may also retain such consultants or independent contractors as may be deemed necessary.

7.6 Bonding Requirements. The officers or persons designated to have charge of, handle, or have access to any funds or property of the JPA shall be so designated and empowered by the Board. Each such officer or person may be required to file an official bond with the JPA in an amount established by the Board.

7.7 Subcommittees. The Board may create permanent or ad hoc subcommittees to give advice to the Board on such matters as may be referred to such subcommittee by the Board.

7.8 Meetings. The Board shall hold publicly noticed meetings in accordance with a schedule established by the Board. The Board shall meet no less than once per year. Meetings shall be conducted and noticed in accordance with the provisions of the Ralph M. Brown Act.

7.9 Voting. All voting powers of the JPA shall reside in the Board.

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7.10 Quorum; Votes for Board Actions. A majority of the members of the Board, or their alternates, shall constitute a quorum for the transaction of business, except that less than a quorum of the Board may adjourn a meeting for lack of quorum. Except as provided in Section 14 or where a larger affirmative vote is required by law, any action of the Board shall require an affirmative vote of a majority of the Directors present at a meeting, provided that a quorum of the Board is present.

7.11 Approval of Annual Budget. The JPA’s fiscal year shall begin July 1 of each calendar year, and it shall end on June 30 of the next calendar year; provided, however, that the JPA’s first fiscal year shall begin the date this Agreement becomes effective, and it shall end on the June 30 occurring thereafter. In each fiscal year after the first fiscal year, prior to April 1 of each year, the Manager shall prepare and present a proposed budget for the following fiscal year to the Board for its review and consideration; and prior to July 1 of each year, the Board shall consider approving the final budget for the following fiscal year.

7.12 Minutes. The Secretary shall cause minutes of all meetings of the Board to be drafted. Upon approval by the Board, such minutes shall become a part of the official records of the JPA.

7.13 Conflicts of Interest.
a. California Political Reform Act. Board members shall be considered “public officials” within the meaning of the California Political Reform Act of 1974, as amended, and its regulations, for purposes of financial disclosure, conflict of interest and other requirements of such Act.
b. Levine Act. Board members are “officials” within the meaning of California Government Code Section 84308 (the “Levine Act”) and subject to the restrictions of such act on the acceptance, solicitation or direction of contributions.

8. POWERS AND DUTIES OF GOVERNING BOARD

8.1 Powers and Duties. In addition to exercising the powers and obligations of the JPA set forth in Section 6, or as otherwise provided by law, the JPA Board of Directors shall have the following powers:
a. Perform the activities described in Section 8.2 with respect to the community facilities district described therein;
b. Perform activities necessary and convenient to assist Member Agencies comply with the Municipal Regional Permit and to implement the RAC System, including filing required documentation with the San Francisco Regional Water Quality Control Board; c. Review and recommend an annual budget to the Member Agencies, which shall include the proposed contribution from each Member Agency; d. Make and enter into contracts or sub-contracts, and authorize by resolution officers or agents to execute such contracts;

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e. Incur debt, liabilities and obligations on behalf of the JPA as authorized by law;
f. Invest JPA funds pursuant to an investment policy of the JPA adopted by the Board of Directors;
g. Receive contributions, donations or grants of property, funds, services, or other forms of assistance from any source;
h. Coordinate JPA activities with other Joint Powers Authorities or public agencies established for similar purposes in pursuing the common purposes set forth above; i. Appoint a Legal Advisor for the JPA;
j. Appoint, suspend and or terminate the Manager or enter into and terminate agreements for Management Services;
k. Appoint a Secretary;
l. Adopt, and amend from time to time, bylaws, rules, and regulations for the conduct of meetings of the Board and of the affairs of the JPA consistent with this Agreement; and
m. Adopt, and amend from time to time, a conflict of interest code.

8.2 Community Facilities District. The Board of Directors will consider forming one or more community facilities districts (each, a “CFD”) in accordance with the Mello-Roos Act to finance maintenance of Off-Site GSI Projects. If a CFD is formed by the Board, the following will apply:
a. The CFD will levy special taxes on development sites owned by private buyers to finance maintenance of Off-Site GSI Projects. Off-Site GSI Projects may be publicly- owned or privately-owned. The JPA is authorized and empowered to enter into agreements with owners of Off-Site GSI Projects to provide for CFD funding of maintenance. b. The CFD will initially be formed to include (i) original CFD boundaries that consist of a single property within the jurisdiction of one of the Member Agencies, and (ii) a future annexation area that includes the remaining territory of the initial Member Agencies. As a result of such agencies executing this Agreement, no further approval shall be required from such Member Agencies for the Board of Directors to include such Member Agencies’ territory in the original CFD boundaries or the CFD’s future annexation area or to annex properties in such Member Agencies’ territory to a CFD.
c. As additional public agencies join the CFD, the Board of Directors will consider adding such agencies’ territory to the CFD’s future annexation area. As a result of such agencies executing this Agreement, no further approval shall be required from such agencies for the Board of Directors to add such agencies’ territory to the CFD’s future annexation area or to annex properties in such Member Agencies’ territory to a CFD.

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d. Each Member Agency shall approve this Agreement by adopting a resolution in the form determined by the JPA. The terms and provisions of such resolution along with this Agreement shall constitute a joint exercise of powers agreement as defined in Section 53316.2 of the Mello-Roos Act between the JPA and a Member Agency. e. The Board of Directors will be responsible for considering the levy of special taxes to fund maintenance of Off-Site GSI Projects and administering the CFD. The Board of Directors may engage necessary consultants to assist with the formation and administration of a CFD.
f. The Board of Directors shall be responsible for preparing and approving all reports and notices required by the Mello-Roos Act. The Board of Directors may delegate to the Manager, or contract with another person or entity, the preparation of reports and notices required by the Mello-Roos Act, provided that the Board of Directors retains discretion to approve the reports and notices prior to submission, circulation, or publication.

9. OPERATIONS AND FACILITIES

9.1 Principal Office. The principal physical office of the JPA shall be established by Board resolution at one of the Member Agencies’ offices or at another suitable location within a Member Agency’s jurisdiction.

9.2 Assumption of Responsibilities by the JPA. As soon as practicable after the Effective Date of this Agreement, a notice of an organizational meeting of the Board shall be published. During the first meeting, the Board shall designate a Manager, or engage a contractor to perform Management Services, who shall have the authority described in Section 11 and as otherwise delegated by the Board.

9.3 Delegation of Authority; Transfer of Records, Accounts, Funds and Property.

The JPA shall establish procedures by which it may receive the transfer of records, accounts, funds or property from Member Agencies or other entities.

10. NO EMPLOYEES

10.1 The JPA shall not hire employees or retain consultants that could otherwise be classified as common law employees.

11. MANAGER OF THE JPA

11.1 Powers and Duties. The Manager contracted by the Agency may be a staff person of one of the Member Agencies, a consultant, an independent contractor, or an employee of another entity who can perform the responsibilities and duties described in this section JPA, as determined by the Board in its sole discretion. The Manager shall have the following powers, responsibilities and duties:
a. Plan, coordinate and supervise the operation of the JPA on a day-to-day basis to ensure that the policies and direction of the Board are implemented operationally and administratively;

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13074-0002\3208885v6.doc
b. Make recommendations to the Board regarding the operations of the JPA and, if formed, the CFD;
c. Supervise and manage JPA contractors;
d. Establish administrative policies and procedures for the JPA consistent with and in order to implement directives from the Board; e. Prepare the annual budget for submission to the Board; f. Support compliance activities for the Member Agencies’ compliance with the Municipal Regional Permit through the RAC System; and g. Such other powers and authority delegated by the Board.

12. TREASURER AND AUDITOR

12.1 The Auditor of the JPA shall be the duly [elected / appointed] [Auditor / Auditor- Controller] of [insert Member Agency]. The Auditor shall draw warrants or check-warrants against funds of the JPA held by the Treasurer when the demands are approved by the Board of Directors or other person designated for that purpose and delegated that authority. The Board may transfer the responsibilities of Auditor to any person or entity authorized by Government Code Section 6505.5.

12.2 12.3 The Treasurer of the JPA shall be the duly [elected / appointed] [Treasurer / Treasurer-Tax Collector] of [insert Member Agency]. The Treasurer shall receive, have custody of, and disburse of all monies of the JPA. The Board may transfer the responsibilities of Treasurer to any person or entity authorized by Government Code Section 6505.5.

13. INSURANCE AND LIABILITY

13.1 Insurance Coverage. The JPA shall be responsible for obtaining insurance coverage for its activities, as the Board deems appropriate.

13.2 Limitation on Liability. No debt, liability, or obligation of the JPA shall constitute a debt, liability, or obligation of any Member Agency. Except as expressly authorized by the Member Agencies, no Member Agency shall be responsible for the acts and omissions of another Member Agency’s officers or employees nor shall a Member Agency incur any liabilities arising out of the services and activities of another Member Agency’s officers or employees.

14. ADDITION OF MEMBER AGENCIES
The addition of any other agency as a Member Agency to the JPA shall require the approval of three-quarters of the entire Board. Upon approval by the Board, the new Member Agency shall execute a copy of this Agreement and return it to the JPA to be appended to the official version

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13074-0002\3208885v6.doc
of this Agreement. Recognizing the effort of the original Member Agencies to establish the JPA, the Board may require a financial contribution to become a member of the JPA.

15. MAINTENANCE AND OPERATION COSTS: COST ALLOCATION

15.1 Records and Accounts. The JPA shall cause to be kept accurate and correct books of account, showing capital costs (if any), and maintenance and operation costs of the JPA. The aforementioned described books and records shall be open to inspection at all times during normal business hours by Member Agencies. The Treasurer shall cause all financial records of the JPA to be audited by an independent public accountant or certified public accountant at least once a fiscal year and a copy of the audit to be delivered promptly to each Member Agency.

15.2 Allocation of Operating Expenses. Unless changed by mutual agreement of the Member Agencies, the operating costs and expenses in the budget shall be shared equally by the Member Agencies. Notwithstanding the foregoing, any remaining operating costs and expenses associated with the operation and maintenance of the Off-Site GSI Projects and the administration of the CFD, which are not fully paid for by special taxes collected by the CFD, shall be apportioned to the Member Agencies based upon the maximum special taxes levied in each Member Agency’s jurisdiction.

16. WITHDRAWAL OF A MEMBER AGENCY FROM THE JOINT POWERS

AUTHORITY
A Member Agency may withdraw from this Agreement by filing written notice of intention to do so with the Manager and Chair no later than 5:00 p.m. of the December 31st immediately preceding the commencement of the following fiscal year (July 1 - June 30). The Member Agency’s withdrawal shall be effective at 11:59 p.m. on June 30th of the fiscal year in which the notice of intention was received. Withdrawal shall not relieve the Member Agency from any financial commitments associated with projects or programs that the withdrawing Member agreed to participate in prior to the effective date of the withdrawal. The withdrawal of any Member Agency shall not terminate this Agreement provided at least two (2) Member Agencies remain parties to the Agreement.

Withdrawal by a Member Agency shall not have any effect on the obligation to pay special taxes of any property in the jurisdiction of such Member Agency that has annexed into a CFD.

17. DISPOSITION OF ASSETS UPON WITHDRAWAL OF A MEMBER AGENCY No Member Agency, by withdrawing, shall, except as may be agreed to by the Board, be entitled to payment or return of funds paid or property donated, if any, by the withdrawing Member Agency to the JPA or to any distribution of its assets.

18. TERMINATION; DISSOLUTION AND DISPOSITION OF ASSETS
This Agreement may be terminated and the JPA dissolved upon the consent of all Member Agencies then party to the JPA. Upon termination of this Agreement and dissolution of the JPA, JPA funds shall first be used to pay expenses, debts, liabilities and obligations of the JPA; and any remaining JPA funds shall be distributed to the Member Agencies in proportion to

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contributions made by the Member Agencies. The Board shall reasonably value any remaining property in accordance with generally accepted accounting principles. This JPA shall not dissolve as long as there are properties within the boundaries of a CFD that are obligated to pay special taxes to maintain Off-Site GSI Projects unless the authority for governance of the CFD has been transferred by the JPA to another jurisdiction in accordance with the Mello-Roos Act.

19. CAPITAL ASSETS
Capital assets of Member Agencies may be transferred to the JPA according to the disposition rules of the Member Agencies.

20. CONTRIBUTIONS AND ADVANCES
Pursuant to Government Code Section 6504, the Member Agencies may in their discretion make financial contributions, loans or advances to the JPA for the purposes of the JPA set forth in this Agreement. The repayment of such contribution, loans or advances will be on the written terms agreed to by the Member Agency making the contribution, loan or advance and the JPA.

21. LIMITATIONS ON POWERS
As required by Government Code Section 6509, the power of the JPA is subject to the restrictions upon the manner of exercising power possessed by the City of San Pablo.

22. AMENDMENT
Any amendment to this Agreement must be in writing and approved by the governing bodies of all Member Agencies, provided, however, that no such amendment shall be entered into if the amendment would conflict with the provisions of any bonds (as defined in Government Code section 6585(c)), indenture, trust agreement, contract or other agreement securing or relating to any outstanding bonds of the JPA issued pursuant to state or federal laws.

23. NOTICE
Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. Mail, registered or certified, postage prepaid, addressed to the Member Agencies at their addresses as reflected in the records of the JPA, and shall be deemed to have been received by the Member Agencies to which the same is addressed upon the earlier of receipt or seventy-two (72) hours after mailing.

24. SEVERABILITY
If a provision of the Agreement is found to be illegal or unenforceable, the validity of the remaining portions or provisions shall not be affected.

25. SUCCESSORS
This Agreement shall be binding upon and accrue to the benefit of any successor of a Member Agency.

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13074-0002\3208885v6.doc

26. ASSIGNMENT AND DELEGATION
No Member Agency may assign any rights or delegate any duties under this Agreement without the written consent of all other Member Agencies.

27. COUNTERPARTS
This Agreement may be executed in one (1) or more counterparts.

28. DISPUTE RESOLUTION.

The Member Agencies and the JPA shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Should any dispute among the Member Agencies arise out of this Agreement and should the Member Agencies be unable to resolve the dispute, the Member Agencies shall, at the written request of any Member Agency, meet in mediation and attempt in good faith to reach a resolution with the assistance of a mutually acceptable mediator.

In the event that mediation does not result in the settlement of a dispute within 120 days after the demand for mediation is made, any Member Agency and the JPA may pursue any remedies provided by law.

29. INTEGRATION
This Agreement represents the full and entire Agreement among the Members.

IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the Joint Powers Authority set forth above.

[PARTY]

By: _______________________________

Name: _______________________________

Title: _______________________________

Date: _______________________________

Party: _____________________________

[PARTY]

By: _______________________________

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13074-0002\3208885v6.doc
Name: _______________________________

Title: _______________________________

Date: _______________________________

Party: _____________________________

Project Background
The Cities of San Pablo, and Walnut Creek, and unincorporated Contra Costa County have partnered with USEPA through a San Francisco Bay Water Quality Improvement Fund grant to develop and pilot a Regional Alternative Compliance (RAC) System within Contra Costa County (the “Contra Costa County RAC System”). Entities in Contra Costa County must comply with the substantial post-construction stormwater treatment (i.e., Provision C.3) requirements of the San Francisco Bay Region Municipal Regional Stormwater Permit (MRP). Alternative Compliance Systems have been used in other areas of the United States to help municipalities, developers, and industry meet rigorous stormwater compliance requirements. The Water Board and legal reviewers were involved in developing the Contra Costa County RAC System.

What is the Contra Costa County Regional Alternative Compliance (RAC) System? The Contra Costa County RAC System is a program designed to provide a flexible, cost-effective, and scientifically defensible MRP C.3 compliance option to implement required post-construction stormwater treatment off-site.

How does the Contra Costa County RAC System work?
The Contra Costa County RAC System allows green stormwater infrastructure (GSI) treatment facilities or “Off-Site GSI Projects” to be constructed within the County to generate “compliance units” that can be exchanged through the System.

Compliance units can be sold to an interested party (i.e., a developer or municipality) in need of off-site stormwater treatment for MRP compliance.

A seller would design and
construct the Off-Site GSI
Projects that generate Contra
Costa County RAC System
compliance units. Off-Site GSI
Projects require certification
through the Contra Costa
County RAC System before
compliance units can be sold.

A buyer would pay for Contra
Costa County RAC System
compliance units to satisify
their project’s stormwater
compliance needs by
completing a “compliance
purchase”. Buyers would pay
an additional annual fee to
cover the ongoing operations
and maintenance (O&M) of
the Off-Site GSI Projects that
generate compliance units.

What does it mean
to be a “buyer”?
What does it mean
to be a “seller”?
Regional Alternative
Compliance System

PUBLIC FACT SHEET
Contra Costa County

The Contra Costa County RAC System provides equiva-
lency calculations, template agreements, and an online
RAC System Tracking Tool to help interested parties
determine their treatment requirements and complete
transactions through the buying and selling of compli - ance units.

Why is this important? What is the benefit of a
RAC System?
The Contra Costa County RAC System provides an
opportunity for the strategic development, siting, and
funding of larger regional stormwater treatment facilities (regional Off-Site GSI Projects) in areas with greater
legacy pollutant concerns. Regional stormwater treat -
ment facilities are sited and designed to treat large
drainage areas ranging from tens to hundreds of acres.

The Contra Costa County RAC System is also expected
to achieve cost savings for participants as larger storm- water treatment facilities typically have reduced capital and O&M costs per treated acre.

Who might be interested in participating?
Developers - Some development
and redevelopment sites may have
constraints (size, steep grades, etc.) that
make it difficult to build on-site stormwater
treatment. When a project has difficulty
building MRP-required stormwater
treatment on-site, it can use the Contra
Costa County RAC System to comply
with the MRP.

Municipalities - Municipalities may
purchase compliance units to comply
with MRP Provision C.3.j impervious
surface retrofit requirements.

Additionally, municipalities with
Regulated Projects such as large road
reconstruction projects could use the
Contra Costa County RAC System to
comply with the MRP. Municipalities may
also act as “sellers” through the Contra
Costa County RAC System.

Non-profits - Non-profits or other
environmental organizations may be
interested in building GSI facilities
that can be partially funded by selling
compliance units through the Contra
Costa County RAC System.

Contractors - Developers or contractors
may be interested in building Off-Site GSI
Projects to generate compliance units
that can be sold through the Contra Costa
County RAC System.

Next Steps
In 2023 and 2024, the first Contra Costa County
RAC System exchange will be conducted as a pilot,
and System administration processes will be further
developed. The Contra Costa County RAC System is
anticipated to be operational for additional exchanges
by the end of 2024.

More Details on Off-Site GSI
Projects:

Off-Site GSI Projects must be non-regulated, that is,
not required as part of any development project or
“Regulated Project” as defined by the MRP.

The compliance units generated by an Off-Site GSI
Project are calculated based on the acres and land
use that it treats.

Off-Site GSI Projects require ongoing verification,
consistent with processes used for existing GSI
facilities, and are eligible to receive annual operation and maintenance payments so they are properly
maintained.

Regional Alternative
Compliance System

PUBLIC FACT SHEET
Contra Costa County
For more information, please visit the Contra Costa County RAC System Project Website:
www.sanpabloca.gov/2685/Regional-Alternative-Compliance

STAFF REPORT

MEETING DATE: May 18, 2026

TO: Chair and Governing Board Members

FROM: Darin E. Gale‚ Executive Director
Jordan Davis, Director of Community and Economic Development Vanessa Xie, General Manager of Pittsburg Power Company

SUBJECT: Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Execute a Consulting Services Agreement with CRE8IVEPOWER GROUP INC.

EXECUTIVE SUMMARY

CRE8IVEPOWER GROUP INC. (“Consultant”) has previously provided Pittsburg Power Company (“PPC”) with consulting services related to solar and battery storage system development on Mare Island and grid export assessment in the California energy market. PPC seeks to execute a Consulting Services Agreement (“Agreement”) with the Consultant for a term up to three (3) years with a total compensation amount not to exceed one hundred fifty thousand dollars ($150,000).

FISCAL IMPACT

Execution of the Agreement has no impact on the General Fund. The expenses associated with services provided by the Consultant will be reimbursed by either customer project revenue or Island Energy’s Public Benefits Fund (“PBF”).

RECOMMENDATION

The Governing Board of PPC adopt the attached resolution authorizing the Executive Director to execute the Consulting Services Agreement with CRE8IVEPOWER GROUP INC.

BACKGROUND

Public Utilities Code Section 385 requires each publicly owned electric utility to

establish a nonbypassable, usage-based charge on local distribution service to fund a Public Purpose Program to support low-income assistance, energy efficiency, and renewable energy programs.

PPC Resolution 07-176 established the funding mechanism for Island Energy’s Public Benefits Fund and implemented Public Benefit Programs (“PBP”) supporting initiatives such as the Self-Generation Incentive Program (“SGIP”) and research, development, and demonstration programs of distributed generation and energy storage systems.

The professional consulting services provided by the Consultant qualify for the use of PBF funds under the SGIP program. Therefore, compensation to the Consultant under this Agreement will be reimbursed either by customer project revenues or Island Energy’s PBF.

SUBCOMMITTEE FINDINGS

This item was not presented to a subcommittee.

STAFF ANALYSIS

Several large-scale solar and battery storage systems are expected to be deployed on Mare Island in the first quarter of fiscal year (FY) 2026-27. Interconnecting these systems to Island Energy’s electric distribution system will have substantial and complex impacts on system operations. PPC seeks the support of qualified professionals to provide consulting services in solar and battery storage system design, technical and equipment evaluation, onsite energy generation technology assessments, financial pro forma development and support in the generator and Energy Storage System interconnection process to the California Independent System Operator (“CAISO”) grid.

The Consultant is experienced in developing large-scale solar and battery energy storage projects. The Consultant possesses unique skills and technical expertise to help PPC and Island Energy to evaluate solar and battery energy systems, research new onsite generation technologies, navigate the deployment of multi-stage generation projects and interconnect to the CAISO grid. These skills will be critical in supporting PPC as it seeks to serve new commercial and industrial loads on Mare Island and in the City of Pittsburg.

ATTACHMENTS: Resolution
Consulting Services Agreement

Resolution No. 26- Page 1 of 2 May 18, 2026

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY

OF THE CITY OF PITTSBURG

In the Matter of:

Authorizing the Executive Director to )
Execute a Consulting Services Agreement ) RESOLUTION NO. 26- With CRE8IVEPOWER GROUP INC. )

WHEREAS, several large-scale solar and battery storage systems are expected to be deployed on Mare Island in the first quarter of Fiscal Year 2026-2027; and

WHEREAS, Pittsburg Power Company (“PPC”) seeks the support of qualified and experienced professionals in providing consulting services in solar and battery storage system design, technical and equipment evaluation, and onsite generator interconnection support; and

WHEREAS, CRE8IVEPOWER GROUP INC. (“Consultant”) has previously provided PPC with consulting services related to solar and battery storage system development and grid export assessment in the California energy market; and

WHEREAS, the previous Consulting Services Agreement (“Agreement”) expired on December 31, 2025; and

WHEREAS, PPC seeks to enter into an Agreement for three years, with the total compensation paid under this Agreement shall not exceed $150,000; and

WHEREAS, compensation to the Consultant under this Agreement will be reimbursed either by customer project revenues or Island Energy’s Public Benefits Fund.

NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Pittsburg Power Company hereby authorizes the Executive Director to execute the Consulting Services Agreement in the amount of $150,000.

Resolution No. 26- Page 2 of 2 May 18, 2026

PASSED AND ADOPTED by the Governing Board of the Pittsburg Power Company at a regular meeting on the 18th day of May 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

_____________________
Dionne Adams, Chair
ATTEST:
____________________________
Darin E. Gale, Executive Secretary

Consulting Services Agreement between (05/18/2026)
Pittsburg Power Company and Cre8ivePower Group Inc.

CONSULTING SERVICES AGREEMENT BETWEEN

PITTSBURG POWER COMPANY AND
CRE8IVEPOWER GROUP INC.

This Agreement (“Agreement”) for consulting services is made by and between Pittsburg Power Company, a joint powers authority (“PPC”), and Cre8ivePower Group Inc., a California S-Corporation (“Consultant”) (together referred to as the “Parties”) as of May 18, 2026 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to PPC the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on May 18, 2029 , or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that PPC, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving PPC’s request, reassign such persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. PPC hereby agrees to pay Consultant a sum not to exceed one hundred fifty thousand dollars and no cents ($150,000.00), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the PPC will pay that full amount to the Consultant but is merely a limit of potential PPC expenditures under this Agreement. Consultant shall notify PPC in Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

Consulting Services Agreement between (05/18/2026)
Pittsburg Power Company and Cre8ivePower Group Inc.

advance when the total annual billable compensation and reimbursable expenses approach the not to exceed limit. The parties may mutually agree, in writing, to amend this not to exceed limit if PPC so desires.

Consultant and PPC acknowledge and agree that compensation paid by PPC to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. PPC therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.

Invoices shall contain the following information, unless waived by PPC Manager, or his or her designee:

▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At PPC’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
▪ The Consultant’s signature.

2.2 Monthly Payment. PPC shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. PPC shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.

2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

Consulting Services Agreement between (05/18/2026)
Pittsburg Power Company and Cre8ivePower Group Inc.

within this 60 day period shall constitute Consultant’s waiver of any further billings to, or payments from, PPC.

2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section

2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, PPC.

2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.

2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from PPC Manager, or his or her designee.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by PPC upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

Consulting Services Agreement between (05/18/2026)
Pittsburg Power Company and Cre8ivePower Group Inc.

single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.

Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.

b. PPC, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in
connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant.

Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.

c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects PPC, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by PPC, its officers, officials,
employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.

d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.

Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

Consulting Services Agreement between (05/18/2026)
Pittsburg Power Company and Cre8ivePower Group Inc.

e. Consultant agrees to give at least 30 days prior written notice to PPC before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.

d. A copy of the claim reporting requirements must be
submitted to PPC for review prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to PPC prior to beginning services:

a. Certificate of Liability Insurance in the amounts specified in this Agreement; and

b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.

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Consulting Services Agreement between (05/18/2026)
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4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not PPC has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of PPC for all work performed by the Consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that PPC, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, PPC shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 Remedies. In addition to any other remedies PPC may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, PPC may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

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Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Indemnification. Consistent with California Civil Code Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless PPC, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties, or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. If requested by PPC, Consultant shall defend any such suits at its sole cost and expense. If PPC elects to provide its own defense, Consultant shall reimburse PPC for any expenditures, including reasonable attorneys’ fees and costs. Consultants’ obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of PPC or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, PPC for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of PPC, Consultant shall indemnify, defend, and hold harmless PPC for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of PPC.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of PPC.

6.2 Consultant Not an Agent. Except as PPC may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

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PPC in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind PPC to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

7.3 Licenses and Permits. Consultant represents and warrants to PPC that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from the City of Pittsburg.

7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Upon ten days’ prior written notice, PPC may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

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PPC, however, may condition payment of such compensation upon Consultant delivering to PPC any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or PPC in connection with this Agreement.

8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.

8.3 Assignment and Subcontracting. PPC and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.

Moreover, a substantial inducement to PPC for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of PPC Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of PPC Manager, or his or her designee.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between PPC and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, PPC’s remedies shall include, but not be limited to, the following:

8.5.1 Immediately terminate the Agreement;

8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that PPC would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

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Consulting Services Agreement between (05/18/2026)
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8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The PPC’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of PPC’s rights.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of PPC.

Consultant hereby agrees to deliver those documents to PPC upon termination of the Agreement, and PPC may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for PPC and are not necessarily suitable for any future or other use. PPC and Consultant agree that, until final approval by PPC, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of PPC.

9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to PPC under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of PPC. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

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court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or Solano County or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of PPC or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any PPC official in the work performed pursuant to this Agreement. No officer or employee of PPC shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested, Notice shall be effective upon personal delivery or delivery to the addresses specified Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

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below, as reflected on the receipt of delivery or return receipt, as applicable.

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Consulting Services Agreement between (05/18/2026)
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Consultant : Cre8ivePower Group Inc.
286 S Seymor Street
Napa, CA 94559
ATTN: Ophir Orr

PPC: Pittsburg Power Company
995 Walnut Ave.

Vallejo, VA 94592
ATTN: Vanessa Xie

10.9 Professional Seal. Where applicable in the determination of PPC Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between PPC and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

To the extent there are any inconsistences between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistences between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.

Exhibit A Scope of Services
Exhibit B Compensation Schedule

10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.

10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

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Consulting Services Agreement between (05/18/2026)
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The Parties have executed this Agreement as of the Effective Date.

PITTSBURG POWER COMPANY CRE8IVEPOWER Group Inc.

_______________________________ __________________________ Darin E. Gale, PPC Executive Director Ophir Orr, Consultant

Approved as to Form:

____________________________
Donna Mooney, General Counsel

Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

Consulting Services Agreement between (05/18/2026)
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EXHIBIT A

SCOPE OF SERVICES

General:

To provide solar photovoltaic project development and storage systems consulting services to PPC and Island Energy. Such services may support rooftop, solar farm (ground mounted), solar parking canopies and companion and/or standalone battery storage facility developments. Such developments are expected to take place on Mare Island Vallejo, and within PPC of Pittsburg. Research & Development (R&D) expenses for renewable energy project development will be reimbursable by Island Energy’s Public Benefits Fund.

Tasks:

The following are typical and expected consulting tasks to include, but may not be limited to -

• Solar Production Estimating and Modeling
• Battery Storage System Pairing
• Solar system configuration layouts
• Technical / Equipment Recommendations
• Capital Cost Estimating
• Operations and Maintenance Estimating

And –
• Generator and Energy Storage System (ESS) Interconnection Connection Process support
• Customer Interconnection, Acceptance Testing support
• Commercial Structure Development
• Financial Proforma Development
• Construction Schedule Development
• Procurement Assistance California RPS compliance support Docusign Envelope ID: 199A44B9-38E4-4794-9294-1EA926E0990E

Consulting Services Agreement between (05/18/2026)
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EXHIBIT B

COMPENSATION SCHEDULE

Principal Consultant Standard Rate: $225.00 per hour

Discounted Rate (beyond 400 hrs per year): $180.00 per hour

Long Term Rate (beyond 1,000 hrs per year, or longer) $150.00 per hour

Time spent traveling is included as regular (or Discounted) billable hours (up to $1,500.00 per day).

EXPENSES

Travel:

Travel and subsistence expenses incurred for personnel assignments will be billed at actual cost.

Mileage charges for use of personal or company car will be at the current IRS recommended rate.

Project Equipment and Materials:

Backup documentation will be provided in the form of copies of actual receipts

Any Equipment and Materials furnished by Cre8ivePower Group will be billed at actual cost plus 15% for handling and administration.

Documentation will be provided in the form of copies of actual receipts

Other Expenses:

Sub-consultants; outside reproduction and printing; courier services; and special materials purchased specifically for a project shall be billed at actual cost, plus 5% for administration.

NOTE: All rates are subject to adjustment/negotiation
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CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Cre8ivePower Group inc.

By:

Title:
2784982.1
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STAFF REPORT

MEETING DATE: May 18, 2026

TO: Mayor and Council Members

FROM: Darin E. Gale‚ City Manager
Jordan Davis, Director of Community and Economic Development Maurice Brenyah-Addow, Senior Planner

SUBJECT: Adoption of an Ordinance Amending Section 5.22.100 of the Pittsburg Municipal Code Regarding Prize Value Limit for Bingo Games For Charity

EXECUTIVE SUMMARY

On May 4, 2026, the City Council introduced and waived further reading of an ordinance amending Section 5.22.100 of the PMC to increase the $250 per game prize limit cap to $500.

FISCAL IMPACT

There is no fiscal impact in adopting this Ordinance. All project costs and implementation will be paid for by the Bingo Game operators.

RECOMMENDATION

City Council move to adopt the attached ordinance to amend Section 5.22.100 of the PMC to increase the $250 per game prize limit cap to $500, with no further changes.

BACKGROUND

On May 4, 2026, the City Council introduced and waived further reading of an ordinance amending Section 5.22.100 of the PMC to increase the $250 per game prize limit cap to $500, with no further changes.

SUBCOMMITTEE FINDINGS

The proposed amendment was discussed at the March 12, 2026, Community and Economic Development Department Subcommittee meeting and the consensus was to present an ordinance to the City Council for consideration.

STAFF ANALYSIS

After the City Council holds a public hearing and introduces an ordinance on a given matter, approval of the matter is formalized by City Council adoption of the ordinance by a majority vote at a meeting no fewer than five days after the public hearing. The ordinance becomes effective 30 days after the date of its adoption.

ATTACHMENTS: Ordinance

Ordinance No. 26- Page 1 of 2 May 18, 2026

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Amending Section 5.22.100 of )
The Pittsburg Municipal Code )
Regarding Prize Limit for Bingo ) ORDINANCE NO. 26- Games for Charity )

WHEREAS, state law regulates bingo games with cash prizes and allows charitable bingo games by specified entities so long as extensive requirements are met, including a limit on the value of the prize; and

WHEREAS, in 2009 the state legislature raised the prize value maximum from $250 to $500; and

WHEREAS, the Pittsburg Municipal Code limits the bingo game prize value to $250, an amount that was established in 1977; and

WHEREAS, community members have requested the City to raise the prize value limit.

NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows: (new language in bold italic, deleted language in strikethrough)

SECTION 1. Amendment

Section 5.22.100 Prizes. of the Pittsburg Municipal Code is hereby amended to read as follows:

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250.00 $500.00 in cash or kind, or both, for each separate game which is held.

SECTION 2. Severability

If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

SECTION 3. Effective Date

This Ordinance shall be in full force and effective thirty (30) days after its adoption.

Ordinance No. 26- Page 2 of 2 May 18, 2026

SECTION 4. Publication

The Ordinance shall be posted and published in accordance with the California Government Code.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on May 4, 2026, and was adopted and ordered published at a regular meeting of the City Council held on May 18, 2026, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

__________________________
Dionne Adams, Mayor

ATTEST:

______________________________
Alice E. Evenson, City Clerk