Central Coast Community Energy (3CE) Operations Board
April 13, 2022

Operations Board of Directors
Wednesday, April 13, 2022
9:30 AM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
IMPORTANT NOTICE REGARDING COVID-19 MEETING REQUIREMENTS The special procedures in place to minimize the spread of the COVID-19 virus may supersede general meeting procedures and delay distribution of materials to members, although every effort will be made to ensure comments and materials received prior to the meeting end will be made part of the record.

Based on guidance from the California Department of Public Health and the California Governor’s Office, in order to minimize the spread of the COVID-19 virus, please do the following:

1. You are strongly encouraged to observe the live stream of the CCCE Operations Board of Directors meeting at: https://3cenergy.hylandcloud.com/203agendaonline/Meetings/Search?dropid=4

2. The CCCE Board Room remains open. If you attend the CCCE Operations Board of Directors meeting in person:
a. You will be required to (i) wear a mask during the meeting and (ii) maintain appropriate social distancing, i.e., maintain a 6-foot distance between yourself and other individuals. b. Additional seating with audio of the CCCE Operations Board of Directors meeting will be available in the CCCE Main Conference Room, located at 70 Garden Court, Suite 300, Monterey, CA 93940. Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact Heather Vowell, Board Clerk, at 831-641-7216 or [email protected]. Requests should be made as soon as possible but at least 72 hours prior to the scheduled meeting.

3. If you choose not to attend the CCCE Operations Board of Directors meeting but wish to make a comment on a specific agenda item, you may please submit your comment as set out below. The timing of public comment shall be at the discretion of the Chair. Options for public comment are as follows:
a. To have your comments distributed to the Board prior to the meeting submit your comment via email by 5:00 p.m. on the Tuesday before the meeting. All comments received after 5:00pm on the Tuesday before the meeting will be retained as part of the record and distributed to the Board after the meeting. Please submit your comment to the Clerk of the Board at [email protected]. To assist the Clerk in identifying the agenda item relating to your public comment please indicate in the Subject Line, the meeting body (i.e., Policy Board Agenda) and item number (i.e., Item No. 3)
You may participate through ZOOM. For ZOOM participation please join by computer audio at:
https://us02web.zoom.us/s/82380649701
Or join by phone:

Dial for higher quality, dial a number based on your current location):

US: +1 669 900 6833 or +1 669 219 2599
Enter this Webinar ID Number: 823 8064 9701 when prompted. Please note there is no Participant Code, you will just hit # again after the recording prompts you.

You will be placed in the meeting as an attendee; when you are ready to make a public comment if joined by computer audio please Raise your Hand; and by phone please push *9 on your keypad.

If you have anything that you wish to be distributed to the Board please provide 15 copies and hand them to a member of CCCE staff or Heather Vowell, Board Clerk, who will distribute the information to the Board members and other staff.

The public may comment on a specific item listed on this agenda when the Board considers that item. In addition, the members of the public may request and receive copies without undue delay of any documents that are distributed to the Board, unless there is a specific exemption under the Public Records Act that prevents the disclosure of the record. (Cal. Gov’t Code Section 54957.5) In compliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Board in advance of a meeting and that relate to an agenda item will be made available at CCCE’s offices located at 70 Garden Court, Suite 300, Monterey, CA 93940 during normal business hours and are also available on the CCCE website located at:
https://3cenergy.hylandcloud.com/203agendaonline
AGENDA
. Welcome & Roll Call
. Public Comment on Matters Not Listed on the Agenda
The public may provide comments on any item within the Board's jurisdiction but not on the Agenda. The Board may not take action at this meeting on any item not listed on the Agenda other than to refer the matter to staff or set it for a future meeting. Speakers are limited to 3 minutes each. The public may comment on Open Session items during this agenda item and Closed Session items prior to the Board's recess to Closed Session.
. Corrections and Additions
The Board Clerk will announce agenda corrections and proposed additions of emergency, urgency, or continued items, which will be acted on by the Board as provided in Sections 54954.2 of the California Government Code.

CONSENT AGENDA

1. Approve the Minutes from the March 9, 2022 Meeting of this Operations Board (Action Item)

2. Consider Finding, Pursuant to AB 361 and in order for the Operations Board of Directors to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newsom is Still In Effect; The Operations Board of Directors has Reconsidered the Circumstances of the State of Emergency; and the Monterey County Health Officer Continues to Recommend Social Distancing Measures for Meetings of Legislative Bodies (Action Item)

3. Authorize the Chief Executive Officer to Execute Agreement for a Term of 3 Years and a Not to Exceed Amount of $878,860 with Ascend Analytics for Consulting and Portfolio & Risk Management Software (Action Item)

4. Treasurer's Report (Information Only)

REGULAR AGENDA

5. CEO's Report (Discussion Item)
(a) Energy Division Meeting Regarding Project Deliverability (b) Front of the Meter Battery Storage
(c) Community Advisory Council Ad Hoc Status
(d) Supplier Diversity Report

6. Authorize the CEO to Execute Data Management and Call Center Services Agreement with Calpine Energy Solutions, LLC for a Three-Year Term and a Not to Exceed Amount of $11,960,000 (Action Item)

CLOSED SESSION

7. Closed session under Government Code 54950 relating to the following items a. Pursuant to Government Code section 54956.9(d)(1), the Board will confer with legal counsel regarding existing litigation: Castro v. Monterey Bay Community Power (Monterey County Superior Court case no. 20CV001540)
b. Pursuant to Government Code section 54956.9(d)(4), the Board of Directors will confer with legal counsel regarding two items of potential initiation of litigation.

Board Member Reports & Comments (Information Only)
Adjournment
Operations Board of Directors
Wednesday, March 9, 2022
10:30 AM
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940

MINUTES
The meeting was called to order at 10:30am with 12 members attending via teleconference pursuant to AB 361 and a quorum established.

Directors Present: Pia, Dettle, Greene, Johnson, Lewis, Mendez, Miyasato, Rerig, Stilwell, McCloud, Vice Chair Goldstein, Chair Palacios
Directors Absent: Bradford, Espinosa, McKee, Miller, Norgaard The Chair opened the public comment period for items not listed on the agenda.

No public comment received.

The Chair closed public comment period.

Corrections or Additions to the Agenda
Clerk announced that there was a correction made to Item 6 page 61

CONSENT AGENDA
The Chair opened the public comment period.

No public comment received.

The Chair closed public comment period.

MOTION: Moved by Director Johnson Seconded by Director Miyasato to approve the Consent Agenda. 1 of 137
ACTION: The Motion Carried with a roll call vote: 12/0/5 AYES: Pia, Dettle, Greene, Johnson, Lewis, Mendez, Miyasato, Rerig, Stilwell, McCloud, Vice Chair Goldstein, Chair Palacios
NOES: None
ABSENT: Bradford, Espinosa, McKee, Miller, Norgaard

1. Approved Minutes from the February 11, 2022, Meeting of the Policy Board of Directors.

2. Treasurer Report (Information Only)

3. Found, Pursuant to AB 361 and in order for the Policy Board of Directors to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newson is Still In Effect; The Policy Board of Directors has Reconsidered the Circumstances if the State of

REGULAR AGENDA

4. Community Advisory Council Report
Chair opened public comment period.

There was no public comment received.

Chair closed public comment period.

ACTION: Discussion Item; No Action Required

5. CEO’s Report
a) Atascadero Votes to Join CCCE
b) 2021 Enrollment Update
c) Member Agency Services Update
d) Front of the Meter Energy Storage (FMES)
e) Percentage Of Income Payment Plan (PIPP) Pilot
Chair opened public comment period.

There was no public comment.

Chair closed public comment period.

ACTION: Discussion Item; No Action Required
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6. Authorized CEO to Execute an Agreement with Energy Solutions in an Amount Not to Exceed $1,760,000 and a Term Ending September 30, 2022 to Supplement the State TECH Program to Support Existing Building Electrification
Chair opened public comment period.

The following individual(s) addressed the Board.
 Bruce Severance
Chair closed public comment period.

MOTION: Moved by Director Miyasato, Seconded by Director Johnson to approve with the correction made by Staff
ACTION: The Motion Carried with a roll call vote: 14/0/3 AYES: Pia, Dettle, Espinosa (arrived at 10:36am), Greene, Johnson, Lewis, Mendez, Miller (arrived at 10:55am), Miyasato, Rerig, Stilwell, McCloud, Vice Chair Goldstein, Chair Palacios NOES: None
ABSENT: Bradford, McKee, Norgaard

7. Authorized CEO to Execute An Equipment Lease Purchase Agreement in an Amount Not to Exceed Two Million Dollars ($2,000,000) From the Uninterrupted Power Supply Fund with the County of Santa Cruz and Related Escrow and Enabling Agreements in a Form Substantially Similar to the Attached, As Determined by CCCE General Counsel, Following Approval by the County of Santa Cruz Board of Supervisors
Chair opened public comment period.

No public comment received.

Chair closed public comment period.

MOTION: Moved by Director Mendez, Seconded by Vice Chair Goldstein to approve with without Escrow.

ACTION: The Motion Carried with a roll call vote: 15/0/2 AYES: Pia, Dettle, Espinosa, Greene, Johnson, Lewis, Mendez, McKee (arrived at 11:20am), Miller, Miyasato, Rerig, Stilwell, McCloud, Vice Chair Goldstein, Chair Palacios NOES: None
ABSENT: Bradford, Norgaard
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8. a) Authorized CEO to execute Grant Agreement with the California Energy Commission to Enable CCCE to Receive a Two Hundred Thousand Dollar ($200,000) Grant for Strategic Planning Around Zero Emission Medium and Heavy-Duty Vehicles, and b) Authorize the CEO to Execute an Agreement with Momentum, Inc. with a Term Ending December 31, 2023 in an Amount Not to Exceed Two Hundred Thousand Dollar ($200,000) to Implement the California Energy Commission Grant
Chair opened public comment period.

No public comment received.

Chair closed public comment period.

MOTION: Moved by Director Pia, Seconded by Director Miyasato to approve ACTION: The Motion Carried with a roll call vote: 15/0/2 AYES: Pia, Dettle, Espinosa, Greene, Johnson, Lewis, Mendez, McKee, Miller, Miyasato, Rerig, Stilwell, McCloud, Vice Chair Goldstein, Chair Palacios
NOES: None
ABSENT: Bradford, Norgaard
Board Member Reports & Comments
Adjournment 11:41 pm
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Staff Report Item 2
TO: CCCE Operations Board of Directors
FROM: Tom Habashi, Chief Executive Officer
SUBJECT: Consider Finding, Pursuant to AB 361 and in order for the Operations Board of Directors to Continue Meeting Remotely, that the COVID-19 Pandemic State of Emergency Declared by Governor Newsom is Still In Effect; The Operations Board of Directors has Reconsidered the Circumstances of the State of Emergency; and the Monterey County Health Officer Continues to Recommend Social Distancing Measures for Meetings of Legislative Bodies (Action Item) DATE: April 13, 2022
RECOMMENDATION:

This recommends the Operations Board (“Board”) find, pursuant to AB 361 and for the Board to continue meeting remotely, that the COVID-19 pandemic State of Emergency declared by Governor Newsom is still in effect; the Board has considered the circumstances of the State of Emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies.

BACKGROUND:

On September 16, 2021, Governor Newsom signed AB 361. This legislation amends the Brown Act to allow Brown Act bodies to meet via teleconference during a proclaimed state of emergency in accordance with teleconference procedures established by AB 361 rather than under the Brown Act's more narrow standard rules for teleconference meetings.

DISCUSSION/ANALYSIS:

AB 361 provides that if a state or local health official recommends social distancing, a legislative body may meet remotely after September 30, 2021, provided that the legislative body finds 1) the Governor's proclaimed state of emergency is still in effect; 2) the legislative body has reconsidered the circumstances of the state of emergency, and 3) either the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies or the state of emergency continues to directly impact the ability of the members to meet in person. 5 of 137
The Monterey County Health Officer has recommended social distancing measures for meetings of legislative bodies, so the Board were able to meet remotely the first time after September 30, 2021. To continue meeting remotely, the Boards must make the findings outlined above.

Accordingly, staff recommends making the appropriate findings. This action will be required every 30 days to keep meeting remotely. A special meeting may be necessary for that purpose.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

CONCLUSION:

The Board’s consideration and finding that the COVID-19 pandemic State of Emergency declared by Governor Newsom is still in effect; the Board has reconsidered the circumstances of the State of Emergency; and the Monterey County Health Officer continues to recommend social distancing measures for meetings of legislative bodies will allow the Board to continue meeting remotely under the procedures established by AB 361.
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Staff Report Item 3
TO: CCCE
FROM: Tom Habashi, Chief Executive Officer
SUBJECT: Authorize the Chief Executive Officer to Execute Agreement for a Term of 3 Years and a Not to Exceed Amount of $878,860 with Ascend Analytics for Consulting and Portfolio & Risk Management Software (Action Item)
DATE: April 13, 2022
RECOMMENDATION:

This recommends that the Operations Board authorize the CEO to Execute the Ascend Analytics (“Ascend”) agreement with a three-year term and a not-to-exceed (“NTE”) of 878,860 for Consulting Services and Power Portfolio & Risk Management Software (the “Agreement”).

BACKGROUND:

To date, CCCE power portfolio analytics have been provided through a combination of in house and off-the shelf analytic solutions that required specialized modeling and analytic knowledge.

CCCE issued an RFO in January 2022, with four established portfolio modeling vendors submitting offers.

Ascend Analytics was selected after conducting an evaluation.

DISCUSSION/ANALYSIS:

Advancing CCCE’s power portfolio & risk management capabilities will further CCCE’s ability to identify and manage risk while maximizing the value of resources under contract. Approval of the Ascend power portfolio and risk management software will significantly improve staff’s ability to effectively monitor, digest and respond to the continual influx of legislative and regulatory changes along with increasing demands to improve internal processes.

Under the proposed Agreement, Ascend will provide CCCE with the following services:
 PowerSimm Platform Access (Portfolio Risk Modeling Software)  Market Intelligence CAISO Market Forecasting Reporting Services (Price Forecasting service) 7 of 137
 Term Portfolio Management, Budget, Risk Management and Customer Service Support In addition, CCCE may request the following optional services:
 Biennial Integrated Resource Planning (IRP) Support
 Request for Offers (RFO) Analytical Support
 Counterparty Credit Monitoring Support
 Finance / Middle-Office Support
 Access to PowerSimm Add-on Modules that provide additional specialized analytical support  Short-Term Portfolio Management Services
The proposed Agreement is for a three-year term and includes 2,100 consulting hours and will be logged by category but will be consumed in aggregate and not specifically restricted to certain tasks. Under the proposed Agreement, these consulting hours can roll forward and backward. If hours are expended more quickly than anticipated, any unexpected overage will be pre-approved and either negotiated or billed at the time and material (“T&M”) rates included in the agreement. If the consulting hours are under-expended.

FISCAL IMPACT:

The Ascend agreement for consulting services and power portfolio & risk management software has a not to exceed(“NTE”) $878,860 over three years, or approximately $292,953 per fiscal year. Costs for FY 21-22 are included in the approved budget. Costs in FYs 22-23 and 23-24 will be budgeted in those years.

CONCLUSION:

Approval of the Agreement for consulting services and power portfolio & risk management software will enable staff to improve internal processes and efficiencies, reduce costs and maximize the value of contracted resources.

ATTACHMENT(S):

1. Draft Ascend Analytics Agreement
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4/4/2022 1 Contract Number: ______________

CENTRAL COAST COMMUNITY ENERGY

STANDARD SERVICES AGREEMENT
This Agreement is made by and between CENTRAL COAST COMMUNITY ENERGY (“3CE”) and Ascend Analytics (hereinafter “CONTRACTOR”), a Limited Liability Company with its principal place of business located at Boulder, Colorado. 3CE and CONTRACTOR may be individually referred to herein as “Party” or collectively as “Parties.”
In consideration of the mutual covenants and conditions set forth in this Agreement, the Parties agree as follows:

1. GENERAL DESCRIPTION

1.1. 3CE hereby engages CONTRACTOR to perform, and CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of this Agreement. The goods and/or services are generally described as: Energy Portfolio Management and Cost of Energy Budgeting Software as a Service and Consulting.

2. PAYMENT PROVISIONS

2.1. 3CE shall pay the CONTRACTOR in accordance with the payment provisions set forth in Exhibit B, subject to the limitations set forth in this Agreement. The total amount payable by 3CE to CONTRACTOR under this Agreement shall not exceed the sum of $$878,860.

3. TERM OF AGREEMENT

3.1. The term of this Agreement is from the date of execution and ends three (3) years later, unless sooner terminated pursuant to the terms of this Agreement. This Agreement is of no force or effect until signed by both the CONTRACTOR and 3CE, with 3CE’s execution to be last in time.

CONTRACTOR may not commence work under this Agreement before 3CE signs this Agreement.

4. SCOPE OF SERVICES AND ADDITIONAL PROVISIONS

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

4.1.1.Exhibit A: Scope of Services

4.1.2.Exhibit B: Payment Terms

4.1.3.Exhibit C: Procedures for Unauthorized Release of Covered Information

4.1.4.Exhibit D: Non-Disclosure Agreement

5. PERFORMANCE STANDARDS

5.1. CONTRACTOR warrants that CONTRACTOR and CONTRACTOR’s agents, employees and subcontractors performing services under this Agreement are specially trained, experienced, 9 of 137
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competent, and appropriately licensed to perform the work and deliver the services required under this Agreement and are not employees of 3CE or immediate family of an employee of 3CE.

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

5.3. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR shall not use 3CE premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

6. PAYMENT CONDITIONS

6.1. Prices shall remain firm for the initial term of the Agreement and, thereafter, may be adjusted annually as provided herein. 3CE does not guarantee any minimum or maximum amount of dollars to be spent under this Agreement.

6.2. Negotiations for rate changes shall be commenced, by CONTRACTOR, a minimum of ninety days (90) prior to the expiration of the Agreement. Rate changes are not binding unless mutually agreed upon in writing by 3CE and the CONTRACTOR.

6.3. Invoices shall be submitted quarterly on a form acceptable to 3CE and provide sufficient detail, as determined by 3CE, of services rendered for the invoiced period.

6.4. 3CE shall certify the invoice for payment in either the amount requested, or in such other amount as 3CE determines is due in conformity with this Agreement. Invoices shall be certified and paid within 45 days of submission to 3CE.

7. RENEWAL

7.1. After the initial term, the Term of this Agreement shall automatically renew for up to two successive twelve (12) month periods (each a “Renewal License Year” and, collectively, the “Renewal Term”), except as provided herein. Customer may elect not to renew on expiration of the initial term or any Renewal License Year, by delivering advance written termination notice to Customer (“Non-Renewal Notice”) at least 30 days in advance of (a) the last day of the initial term or (b) if renewed, the last Renewal License Year. The effective date of termination under the Non-Renewal Notice will be the last day of the initial term or Renewal Term for which the Non-Renewal Notice was delivered.

8. TERMINATION
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8.1. 3CE may cancel and terminate this Agreement for good cause effective immediately upon written notice to CONTRACTOR. “Good cause” includes the failure of CONTRACTOR to perform the required services at the time and in the manner provided under this Agreement. If 3CE terminates this Agreement for good cause, 3CE may be relieved of the payment of any consideration to CONTRACTOR, and 3CE may proceed with the work in any manner, which 3CE deems proper. The cost to 3CE shall be deducted from any sum due the CONTRACTOR under this Agreement.

9. INDEMNIFICATION

9.1. Each Party shall indemnify, defend, and hold harmless the other Party, its Directors, Board members, officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by the indemnifying Party and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the other Party. It is the intent of the parties to this Agreement to provide the broadest possible coverage for each Party. The indemnifying Party shall reimburse the other Party for all costs, attorneys’ fees, expenses and liabilities incurred with respect to any litigation in which the indemnifying Party is obligated to indemnify, defend and hold harmless the other Party under this Agreement.

9.2. The CONTRACTOR’s selection of counsel to satisfy CONTRACTOR’s defense and hold harmless obligation as set forth in section 8.1 above, shall be subject to review and approval by 3CE, not to be reasonably withheld.

9.2.1.Notwithstanding any other provision of this Agreement, 3CE shall be entitled to participate fully in the defense of any claim or action.

10. INSURANCE REQUIREMENTS

10.1. Prior to commencement of this Agreement, the CONTRACTOR shall provide a “Certificate of Insurance” certifying that coverage as required herein has been obtained.

Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, the CONTRACTOR upon request shall provide a certified copy of the policy or policies.

This verification of coverage shall be sent to 3CE.

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

10.2.1.1. Commercial General Liability Insurance, including but not limited to premises and operations, including coverage for Bodily Injury and Property Damage, Personal Injury, Contractual Liability, Broad form Property Damage, Independent Contractors, Products and Completed Operations, and cross-liability with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per occurrence, and $2,000,000 in the aggregate.
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4/4/2022 4 Contract Number: ______________

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

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

10.2.1.4. Professional Liability Insurance, if required for the professional services being provided, (e.g., those persons authorized by a license to engage in a business or profession regulated by the California Business and Professions Code), in the amount of not less than $1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services. If professional liability insurance is written on a “claims-made” basis rather than an occurrence basis, the CONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain extended reporting coverage (“tail coverage”) with the same liability limits. Any such tail coverage shall continue for at least three years following the expiration or earlier termination of this Agreement.

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

10.4. Commercial general liability and automobile liability policies shall provide an endorsement naming 3CE, its Directors, Board members, officers, agents, and employees as Additional Insureds with respect to liability arising out of the CONTRACTOR’S work, including ongoing and completed operations, and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by 3CE and that the insurance of the Additional Insureds shall not be called upon to contribute to a loss covered by the CONTRACTOR’S insurance.

11. RECORD AND CONFIDENTIALITY

11.1. All data and materials provided by 3CE to CONTRACTOR are subject to the terms of the Non-Disclosure Agreement (“NDA”) entered into by the Parties and attached as Exhibit D.

11.2. Subject to the terms of that NDA, CONTRACTOR and its officers, employees, agents, and subcontractors shall comply with any and all federal, state, and local laws, which provide for the confidentiality of records and other information. CONTRACTOR shall not disclose any confidential records or other confidential information received from 3CE or prepared in connection with the performance of this Agreement, unless 3CE specifically permits CONTRACTOR to disclose such records or information. CONTRACTOR shall promptly transmit to 12 of 137
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3CE any and all requests for disclosure of any such confidential records or information.

CONTRACTOR shall not use any confidential information gained by CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out CONTRACTOR’s obligations under this Agreement.

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

11.4. Upon expiration or termination of this Agreement, CONTRACTOR shall return to 3CE any 3CE records which CONTRACTOR used or received from 3CE to perform services under this Agreement.

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

11.6. 3CE shall have the right to examine, monitor and audit all records, documents, conditions, and activities of the CONTRACTOR and its subcontractors related to services provided under this Agreement. Pursuant to Government Code section 8546.7, if this Agreement involves the expenditure of public funds in excess of $10,000, the parties to this Agreement may be subject, at the request of 3CE or as part of any audit of 3CE, to the examination and audit of the State Auditor pertaining to matters connected with the performance of this Agreement for a period of three years after final payment under the Agreement.

11.7. 3CE shall have a royalty-free, exclusive and irrevocable license to reproduce, publish, and use, and authorize others to do so, all original computer programs, writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature produced in the course of or under this Agreement. CONTRACTOR shall not publish any such material without the prior written approval of 3CE.

12. NON-DISCRIMINATION

12.1. During the performance of this Agreement, CONTRACTOR, and its subcontractors, shall not unlawfully discriminate against any person because of race, religious creed, color, sex, national origin, ancestry, physical disability, mental disability, medical condition, marital status, age (over 40), or sexual orientation, either in CONTRACTOR’s employment practices or in the 13 of 137
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furnishing of services to recipients. CONTRACTOR shall ensure that the evaluation and treatment of its employees and applicants for employment and all persons receiving and requesting services are free of such discrimination. CONTRACTOR and any subcontractor shall, in the performance of this Agreement, fully comply with all federal, state, and local laws and regulations which prohibit discrimination. The provision of services primarily or exclusively to such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.

13. INDEPENDENT CONTRACTOR

13.1. In the performance of work, duties, and obligations under this Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as an employee of 3CE. No offer or obligation of permanent employment with 3CE and CONTRACTOR shall not become entitled by virtue of this Agreement to receive from 3CE any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, workers’ compensation coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of CONTRACTOR’s performance of this Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold 3CE harmless from any and all liability which 3CE may incur because of CONTRACTOR’s failure to pay such taxes.

14. NOTICES

14.1. Notices required under this Agreement shall be delivered personally or by first-class, postage pre-paid mail to 3CE and CONTRACTOR’S contract administrators at the addresses listed below:

Central Coast Community Energy CONTRACTOR
Chief Financial Officer Gary Dorris, CEO and President
70 Garden Court, Suite 300 1877 Broadway, Suite 706
Monterey, Ca 93940 Boulder, CO 80302

15. MISCELLANEOUS PROVISIONS

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

15.2. Amendment. This Agreement may be amended or modified only by an instrument in writing signed by 3CE and the CONTRACTOR.

15.3. Waiver. Any waiver of any terms and conditions of this Agreement must be in writing and signed by 3CE and the CONTRACTOR. A waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions in this Agreement.
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15.4. Contractor. The term “CONTRACTOR” as used in this Agreement includes CONTRACTOR’s officers, agents, and employees acting on CONTRACTOR’s behalf in the performance of this Agreement.

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

15.6. Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of 3CE None of the services covered by this Agreement shall be subcontracted without the prior written approval of 3CE. Notwithstanding any such subcontract, CONTRACTOR shall continue to be liable for the performance of all requirements of this Agreement.

15.7. Successors and Assigns. This Agreement and the rights, privileges, duties, and obligations of 3CE and CONTRACTOR under this Agreement, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns, and heirs.

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

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

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

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

15.12. Non-exclusive Agreement. This Agreement is non-exclusive and both 3CE and CONTRACTOR expressly reserve the right to contract with other entities for the same or similar services.

15.13. Construction of Agreement. 3CE and CONTRACTOR agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment to this Agreement.

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

15.15. Authority. Any individual executing this Agreement on behalf of 3CE or the CONTRACTOR represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such party and bind the party to the terms and conditions of this Agreement.
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15.16. Integration. This Agreement, including the exhibits, represent the entire Agreement between 3CE and the CONTRACTOR with respect to the subject matter of this Agreement and shall supersede all prior negotiations, representations, or agreements, either written or oral, between 3CE and the CONTRACTOR as of the effective date of this Agreement, which is the date that 3CE signs the Agreement.

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

SIGNATURE OF THE PARTIES:

Ascend Analytics Central Coast Community Energy
BY:__________________________________ BY:______________________________________ Title:__CEO________________________ Tom Habashi, CEO
Date: __4/4/2022___________________ Date: ____________________________ Approved as to Form
BY:______________________________________
Brian Kimball, General Counsel
Date: ____________________________
Approved as to Financial Terms
BY:______________________________________
Jaya Bajpai, Chief Financial Officer
Date: ____________________________
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Exhibit A: Scope of Services
The below table identifies the Scope of Services to be performed by the Consultant.

Item  Description

1.  PowerSIMM Platform,
Hosting, & Implementation
Includes hosting, PowerSIMM (inclusive of PS 5 upgrade) with Portfolio Manager and Planner modules. 3CE may assign three (3) Power Users and three (3) Report Users.

Free implementation on a 2-4 week timeline (following provision by CCCE of any requisite data), on Ascend’s CCAPROD environment. 2,100 activity units of support credit over three (3) years, intended for use for activities #3-7 below.

2.  Ascend CAISO Market
Report & Fundamentals
Includes three (3) full nodal analyses with 20+ forecast parameters for CAISO including: NP-15 and DLAP price forecasts with both hourly and 5-minute pricing , Reg, Spin, DA Energy vol, RT Energy spikes, Price shapes, Forward prices, REC, RA value

3.  Energy Portfolio
Management and Cost of
Energy Budgeting
Monthly or Weekly reporting to model runs as markets change to monitor the portfolio’s response to forward market conditions.

Report all industry best practice metrics like cash flow, cost at risk (CaR), gross margin at risk (GmaR), Cost of Energy updates and if needed value at risk (VaR) metrics, counterparty mark to market exposure and other risk metrics like Potential Future Exposure (PFE), or custom metrics defined by 3CE. Build custom reports to be delivered by CONTRACTOR weekly.

4. Biennial Integrated
Resource Planning Support
(Optional)
As an Optional service, 3CE may use activity units for tasks for this item. PowerSIMM provides powerful resource planning capabilities including capacity expansion modeling combined with a long-term production cost model. PowerSIMM’s automated resource selection (ARS) chooses the best portfolio that minimizes both cost and risk while also meeting CPUC requirements such as RA position, long-term contracting requirements, RPS content, and GHG emissions stemming from uncovered market purchases. CONTRACTOR
maintains a database of the CPUC required assumptions including hourly GHG emissions factors for market purchases, resource PPA costs, load forecasts, etc.

5. Request for Offers (RFO)
(Optional)
As an Optional service, 3CE may use activity units for tasks for this item. Assist in preparing an offer submission form to be included in 3CE’s RFO protocols for easy inputting into selected Vendor model.

Provide a quantitative analysis of each offer that 3CE’s requests CONTRACTOR to conduct analytics for. Compile all submitted offers and conduct preliminary analysis to reduce the list by removing offers that are nonconforming and/or score low on the qualitative component.

6. Counterparty Credit
Monitoring (Optional)
As an Optional service, 3CE may use activity units for tasks for this item. Leverage PowerSIMM and output reporting to identify both collateral risk and potential future exposure (PFE) around the MtM 17 of 137
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positions CCCE holds with its counterparties. Ascend experts can apply existing CCCE risk policy to reporting upon implementation or advise CCCE on recommendations for changes to risk policy that balance transaction flexibility with prudent diversification and controls. The impacts on liquidity and room to trade with counterparties is AP/AR netting can often be applied outside of PowerSIMM for appropriate recognition in cash months

7. Miscellaneous Support 3CE may use activity units for tasks beyond those listed in this table, subject to approval by CONTRACTOR. Any additional task should be scoped between the Parties prior to commencement.
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Exhibit B: Payment Terms
3CE shall pay CONTRACTOR the following undisputed total annual fees per the quarterly payment conditions described in Section 6.

Item Year 1 Year 2 Year 3
Ascend SaaS Platform Fee: Silver Level Support $292,953.33 $292,953.33 $292,953.33 3-Year Total Platform Fee $878,860
Platform Fee includes Silver level support, inclusive of 2,1001 activity units, each unit equal to not less than 1 hour of Ascend staff contribution regardless of level of expertise, over the three-year agreement with no limit on which year a given number of units are used. The selected activity units may be used for any activity. CONTRACTOR will track and report quarterly on which activities they are used. Ascend will allow unused activity units to roll into subsequent renewal beyond the three-year term.

In addition, there is the ability to acquire a bundle of 100 activity units at a 10% discount to hourly T&M rates, a bundle of 200 or more activity units at a discount of 20% to hourly T&M rates, or the option of acquiring additional support through T&M hourly rates for support beyond that contemplated in this SaaS offering.

Billable Rates
Employee Category Rate ($/hr)
Gary Dorris Engagement Director $675
Sean Burrows Principal Analyst $425
Scott Wrigglesworth Managing Director $400
David Millar Managing Director $400
Director $375
Manager $330
Lead Energy Analyst $295
Senior Analyst $275
Energy Analyst II $255
Energy Analyst $240
Hourly rates to remain good for full term of Agreement.

Quarterly Invoicing: In order to request payment, CONTRACTOR shall submit quarterly invoices to 3CE for Platform fees.
1 At its discretion, Ascend may increase value to CCCE through adjustment of time over 1 hour into a single activity unit where applicable due to the nature of the activity or the staff performing the activity. 19 of 137
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Optional Items: This Platform fee includes one (1) dedicated workstation, three (3) TB of storage, and three (3) Power Users with access to PowerSIMM. Additional items can be purchased at the below rates:

Item Annual Fee
One (1) additional Dedicated Analytic Workstation $12,500 per workstation per year One (1) additional TB of Storage $1,000 per TB per year One (1) additional Power User $2,000 per Power User per year 20 of 137
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Exhibit C: Procedures for Unauthorized Release of Covered Information SCOPE
CONTRACTOR hereby agrees to adhere to these Procedures for detecting and reporting the unauthorized release of Covered Information, including Protected Personal Information (“PPI”).

These Procedures apply to the following unauthorized release activities:

1. Unauthorized access

2. Unauthorized destruction

3. Unauthorized use

4. Unauthorized modification

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

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

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

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

1. Provide or bill for electrical power or gas,

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

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

4. Plan, implement, or evaluate demand response, energy management, or energy efficiency programs under contract with a Community Choice Aggregator or and Electrical Service Provider (when providing service to residential or small commercial customers), under contract with the 21 of 137
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Commission, or as part of a Commission authorized program conducted by a governmental entity under the supervision of the Commission.

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

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

Responsible Parties -- 3CE, CONTRACTOR, and any staff, employees, or sub consultants contracted by 3CE or CONTRACTOR.

PROCEDURE
Detecting and Reporting of Unauthorized Releases

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

2. Any request by any non-Covered Entities, for access to Covered Information must be reviewed and approved by an 3CE manager level employee to ensure no unauthorized or inadvertent release of Covered Information.

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

4. Any discovery of any unauthorized release of Covered Information must be reported to 3CE within one week of detection.

Unauthorized Release Handling Procedure

1. The discovering party after detecting, or discovery of, the unauthorized release of Covered Information must contact 3CE’s Dir. of Finance and Administration (or another executive manager) immediately.

2. CONTRACTOR will quantify and validate the type and extent of unauthorized release and report that information to 3CE’s Dir. of Finance and Administration in writing with sufficient detail for 3CE to determine the extent and impact of the unauthorized release.

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

Review and Training

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

2. Any proposed changes to these Procedures shall be provided in writing to 3CE’s Dir. of Finance and Administration for their consideration.
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Exhibit D: NON-DISCLOSURE AGREEMENT
THIS NON-DISCLOSURE AGREEMENT (this “NDA”) is entered into as of the date of execution set forth below (the “NDA Effective Date”) between and among Central Coast Community Energy (“3CE”), a California joint powers authority and Ascend Analytics, a Colorado limited liability company (“Ascend”) (each a “Party”, and, together, the “Parties”).

The parties to this NDA intend to do business under a Standard Services Agreement (the “Agreement”). In connection with the Agreement, the Parties may receive certain Confidential Information (as defined below) from each other, the confidentiality of which the Parties desire to protect. For purposes of this NDA, the Party making the disclosure may be referred to as “Disclosing Party” and the party receiving such Confidential Information may be referred to as “Receiving Party.” For purposes of this NDA, “Affiliate” means, as to either party, any person that directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with that Party. For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties agree as follows:

1. Confidential Information.
(a) Defined. “Confidential Information” means all secret, proprietary, confidential or otherwise nonpublic information of or relating to a Party or its Affiliates, in any form whether written, electronic, visual or oral, and all notes, analyses, compilations, studies, reports, interpretations, or other material prepared by Receiving Party or its employees or agents which contain or reflect or are based upon, in whole or in part, the foregoing. (b) Exclusions. Confidential Information does not include information (i) that is or becomes generally known to the public other than as a result of disclosure by Receiving Party or any of its Representatives (as defined below) in violation of the terms of this NDA; (ii) that is in the possession of Receiving Party at the time of disclosure by Disclosing Party, as reasonably evidenced by a prior or contemporaneous writing and other than as a result of Receiving Party’s breach of any legal obligation; (iii) that becomes known to Receiving Party through disclosure by sources other than Disclosing Party which, to the knowledge of Receiving Party, are not subject to any obligation of confidentiality or other duty not to disclose such information; or (iv) that is independently developed by Receiving Party without reference to the Confidential Information and through persons who have not had, either directly or indirectly, access to or knowledge of such Confidential Information, as reasonably evidenced in writing by Receiving Party.

2. Obligation of Confidentiality. Receiving Party will not use or disclose any Confidential Information of Disclosing Party except for purposes of carrying out Receiving Party’s duties and obligations with respect to, and otherwise as reasonably necessary to implement, the Agreement, except that Receiving Party may disclose such Confidential Information where it is under a legal or regulatory obligation to do so. Subject to the foregoing, without the prior written consent of Disclosing Party, Receiving Party will not disclose any portion of the Confidential Information to any person, other than to its affiliates and its and their respective directors, officers, managers, partners, members, employees, consultants, advisors, attorneys, auditors, lenders or agents of Receiving Party who have a need to know in connection with the Agreement or otherwise (collectively, to the extent Receiving Party discloses, or provides access to, Confidential Information to any of the foregoing, its “Representatives”), provided such Representatives are informed of this NDA and agree to comply with the terms hereof or are otherwise bound by obligations of confidentiality with regard to the Confidential Information which are at least as protective as the confidentiality obligations set forth herein.

3. Compliance with the Law. If Receiving Party becomes legally compelled (by interrogatories, requests for information or documents, subpoenas, summons, civil investigative demands, or similar processes or otherwise in connection with any litigation or to comply with any applicable law, order, regulation, ruling, regulatory request, accounting disclosure rule or standard or any exchange, control area or independent system operator rule) to disclose any Confidential Information of Disclosing Party, Receiving Party shall provide Disclosing Party with prompt written notice, e-mail permitted, so that Disclosing Party, at its sole expense, may seek an appropriate protective order or other appropriate remedy. Each Party hereto acknowledges and agrees that information and documentation provided in connection with the Agreement may be subject to the California Public Records Act (Government Code Section 6250 et seq.).
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4. Return of Materials. Upon termination of the NDA or upon the earlier written request of Disclosing Party, Receiving Party shall, and shall cause its Representatives to, promptly upon the written request of Disclosing Party, deliver to Disclosing Party all documents, files or other materials furnished by or on behalf of Disclosing Party to Receiving Party constituting Confidential Information, without retaining any copies of them. Receiving Party shall then and shall cause its relevant Representatives to destroy all other documents, files or materials constituting Confidential Information of Disclosing Party (including all electronic records containing or describing any Confidential Information), and shall confirm in writing, e-mail permitted, to Disclosing Party that all Confidential Information and records have been returned or destroyed. The obligations of Receiving Party contained in this NDA will survive any return or destruction of documents, files or other materials containing Confidential Information.

5. Governing Law and Jurisdiction. This NDA will be governed by and interpreted in accordance with the internal laws of the State of California, without regard to conflicts of laws. The parties hereby consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Monterey County for the purposes of adjudicating any matter arising from or in connection with this NDA. Each Party expressly waives any right to a trial by a jury in any proceeding arising directly or indirectly out of this NDA.

6.No Representation, Warranty or Obligation. Disclosing Party makes no representation or warranty, express or implied, as to the Confidential Information, including without limitation to any warranty against infringement, accuracy or completeness, and Disclosing Party shall have no liability based upon the Confidential Information; provided, that Disclosing Party represents it has the right to disclose the Confidential Information to Receiving Party hereunder. Nothing in this NDA obligates Disclosing Party to make any particular disclosure of Confidential Information or to complete, revise or update any Confidential Information. Nothing herein obligates either Party to enter into or continue discussions or transactions related to the Agreement or prevents Disclosing Party from disclosing its Confidential Information to any other person or entity.

7. Term. This NDA will continue in full force and effect for a term of five years from the NDA Effective Date. This NDA shall survive any change or termination of the parties’ business relationship. 8 .Remedies. Receiving Party acknowledges that its obligations hereunder are necessary and reasonable in order to protect Disclosing Party and the business of Disclosing Party, and expressly acknowledges that monetary damages may be inadequate to compensate Disclosing Party for any breach or threatened breach by Receiving Party of any covenants and agreements set forth herein. Accordingly, Receiving Party acknowledges that any such breach or threatened breach may cause irreparable injury to Disclosing Party and that, in addition to any other remedies that may be available, in law, in equity or otherwise, Disclosing Party will be entitled to seek injunctive relief against the threatened breach of this NDA or the continuation of any such breach.

9.Miscellaneous.The headings in this NDA are for reference only and will not affect the interpretation of this NDA. This NDA supersedes all prior written and oral agreements and all other communications between the parties. Amendments and modifications to this NDA will be effective only if written and signed by both parties.

This NDA will be binding upon and inure to the benefit of each Party’s successors or permitted assigns. Except as expressly stated herein, each Party intends that this NDA will not benefit, or create any right or cause of action in or on behalf of, any person or entity other than the parties hereto, and their successors and permitted assigns. This NDA may not be assigned by either Party without the prior written consent of the other Party. If any provision in this NDA is invalid or unenforceable in any circumstances, its application in any other circumstances and the remaining provisions of this NDA will not be affected thereby. All notices, requests, consents and other communications required or permitted to be delivered hereunder must be made in writing and delivered by hand, via overnight delivery service or by registered or certified mail, postage prepaid, or by email. This NDA may be executed in counterparts, each of which will be deemed an original, but all of which together will be deemed to be one and the same agreement. A signed copy of this NDA delivered by e-mail or other means of electronic transmission will be deemed to have the same legal effect as delivery of an original signed copy of this NDA. Each Party represents and warrants that the individual signing below has the necessary authority to bind the Party set forth below.
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IN WITNESS WHEREOF, the parties hereto have
executed this Non-Disclosure Agreement as of the
NDA Effective Date. Ascend Analytics
Central Coast Community Energy
BY:__________________________________
BY:______________________________________
Tom Habashi, CEO
Date: 4/4/2022 Date: ____________________________
Approved as to Form
BY:______________________________________
Brian Kimball, General Counsel
Date: ____________________________
Approved as to Financial Terms
BY:______________________________________
Jaya Bajpai, Chief Financial Officer
Date: ____________________________
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Compiled Financial Statements 1
Compiled Budgetary Comparison Schedule 6
Budget Variance Commentary 9
Financial Dashboard 10
Investment Summary 11
Accounts Receivable Summary 12
Personnel Report 13
Table of Contents

TREASURER REPORT
Fiscal Year to Date
As of February 28, 2022
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1 ACCOUNTANTS’ COMPILATION REPORT
Board of Directors
Central Coast Community Energy
Management is responsible for the accompanying financial statements of Central Coast Community Energy (a California Joint Powers Authority) which comprise the statement of net position as of February 28, 2022, and the related statement of revenues, expenses, and changes in net position, and the statement of cash flows for the period then ended in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, conclusion, nor provide any assurance on these financial statements.

Management has elected to omit substantially all of the note disclosures required by accounting principles generally accepted in the United States of America in these interim financial statements.

Central Coast Community Energy’s annual audited financial statements include the note disclosures omitted from these interim statements. If the omitted disclosures were included in these financial statements, they might influence the user’s conclusions about the Authority’s financial position, results of operations, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters.

We are not independent with respect to the Authority because we performed certain accounting services that impaired our independence.

Maher Accountancy
San Rafael, CA
March 29, 2022
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com 27 of 137
Current assets
Cash and cash equivalents 170,900,531 $
Accounts receivable, net of allowance 28,157,768
Accrued revenue 15,020,159
Prepaid expenses 76,392
Deposits 2,121,750
Restricted cash 294,000
Total current assets 216,570,600
Noncurrent assets
Capital assets, net of depreciation 290,852
Deposits 23,182
Total noncurrent assets 314,034
Total assets 216,884,634
Current liabilities
Accrued cost of electricity 27,229,152
Accounts payable 1,454,401
Other accrued liabilities 851,921
Customer rebate liabilities 307,598
User taxes and energy surcharges due to other governments 1,259,949 Total current liabilities 31,103,021
Noncurrent liabilities
Security deposits - energy suppliers 9,131,250
Total noncurrent liabilities 9,131,250
Total liabilities 40,234,271
Investment in capital assets 290,852
Restricted for security collateral 294,000
Unrestricted 176,065,511
Total net position $ 176,650,363

NET POSITION
As of February 28, 2022

STATEMENT OF NET POSITION

CENTRAL COAST COMMUNITY ENERGY
ASSETS

LIABILITIES
See accountants' compilation report. 2
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OPERATING REVENUES
Electricity sales, net 118,112,585 $
Liquidated damages 1,181,250
Total operating revenues 119,293,835

OPERATING EXPENSES
Cost of electricity 124,885,234
Contract services 3,471,350
Staff compensation 2,635,608
General and administration 1,763,947
Depreciation 38,089
Total operating expenses 132,794,228
Operating income (loss) (13,500,393)

NONOPERATING REVENUES (EXPENSES)
Interest income 162,297
CHANGE IN NET POSITION (13,338,096)
Net position at beginning of period 189,988,459
Net position at end of period 176,650,363 $
Five Months Ended February 28, 2022

AND CHANGES IN NET POSITION

STATEMENT OF REVENUES, EXPENSES

CENTRAL COAST COMMUNITY ENERGY
See accountants' compilation report. 3
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CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from customers 134,740,611 $
Receipts from liquidated damages 1,181,250
Receipts from suppliers and energy settlements 19,467,938 Payments to suppliers for electricity (133,896,359)
Payments for other goods and services (4,901,868)
Payments for staff compensation (2,682,026)
Payments of taxes and energy surcharges to other governments (2,615,935) Net cash provided by operating activities 11,293,611

CASH FLOWS FROM INVESTING ACTIVITIES
Interest income received 162,297
Net change in cash and cash equivalents 11,455,908
Cash and cash equivalents at beginning of year 159,738,623 Cash and cash equivalents at end of period 171,194,531 $ Reconciliation to the Statement of Net Position
Cash and cash equivalents (unrestricted) 170,900,531 $
Restricted cash 294,000
Cash and cash equivalents 171,194,531 $
Five Months Ended February 28, 2022

STATEMENT OF CASH FLOWS

CENTRAL COAST COMMUNITY ENERGY
See accountants' compilation report. 4
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Operating income (loss) $ (13,500,393)
Adjustments to reconcile operating income (loss) to net cash provided by operating activities
Depreciation expense 38,089
Provision for uncollectible accounts (223,750)
(Increase) decrease in:

Accounts receivable 9,442,281
Accrued revenue 4,990,938
Energy settlements receivable 7,856,108
Other receivables 919,329
Prepaid expenses 1,461,801
Deposits (402,969)
Increase (decrease) in:

Accrued cost of electricity (1,420,272)
Accounts payable 222,683
Other accrued liabilities 7,144
Customer rebate liabilities 1,307
User taxes and energy surcharges due to other governments (198,685) Security deposits - energy suppliers 2,100,000
Net cash provided by operating activities 11,293,611 $

CENTRAL COAST COMMUNITY ENERGY
STATEMENT OF CASH FLOWS (continued)
Five Months Ended February 28, 2022

RECONCILIATION OF OPERATING INCOME (LOSS) TO NET

CASH PROVIDED BY OPERATING ACTIVITIES
See accountants' compilation report. 5
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6 ACCOUNTANTS’ COMPILATION REPORT
Board of Directors
Central Coast Community Energy
Management is responsible for the accompanying special purpose statement of Central Coast Community Energy (a California Joint Powers Authority) which comprise the budgetary comparison schedule for the period ended February 28, 2022, and for determining that the budgetary basis of accounting is an acceptable financial reporting framework. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statement nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any assurance on this special purpose budgetary comparison statement.

The special purpose statement is prepared in accordance with the budgetary basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. This report is intended for the information of the Board of Directors of the Authority.

Management has elected to omit substantially all of the note disclosures required by accounting principles generally accepted in the United States of America in these interim financial statements.

Central Coast Community Energy’s annual audited financial statements include the note disclosures omitted from these interim statements. If the omitted disclosures were included in these financial statements, they might influence the user’s conclusions about the Authority’s financial position, results of operations, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about such matters.

We are not independent with respect to the Authority because we performed certain accounting services that impaired our independence.

Maher Accountancy
San Rafael, CA
March 29, 2022
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com 32 of 137
2021/22 YTD
Budget
2021/22 YTD
Actual
2021/22 YTD
Budget Variance
(Under) Over
2021/22 YTD
Actual / Budget %
2021/22 Annual
Budget
2021/22 Budget
Remaining
2021/22 Budget
Remaining /
Budget %

REVENUES AND OTHER SOURCES
Electricity sales $ 129,719,000 $ 119,964,862 $ (9,754,138) 92% 359,103,000 $ $ 239,138,138 67% Less bill credit - - - 0% (3,085,000) (3,085,000) 100%
Less uncollectible accounts (1,621,000) (1,768,362) (147,362) 109% (4,489,000) (2,720,638) 61% Revenue from damages $ - 1,181,250 1,181,250 n/a - (1,181,250) n/a Investment and miscellaneous income 215,000 162,297 (52,703) 75% 516,000 353,703 69% Total revenues and other sources 128,313,000 119,540,047 (8,772,953) 93% 352,045,000 232,504,953 66% EXPENDITURES AND OTHER USESCurrent Expenditures
Cost of energy 125,008,669 131,780,000 (6,771,331) 95% 326,335,000 201,326,331 62% Energy programs (incentives and grants) 6,101,000 1,264,001 (4,836,999) 21% 12,270,000 11,005,999 90% Data manager 1,598,137 1,569,000 29,137 102% 3,774,000 2,175,863 58% Utility service fees 815,000 737,233 (77,767) 90% 1,893,000 1,155,767 61% Staffing 3,848,000 2,635,608 (1,212,392) 68% 9,244,000 6,608,392 71% Professional services 636,000 252,490 (383,510) 40% 1,393,000 1,140,510 82% Legal services 438,000 364,062 (73,938) 83% 1,037,000 672,938 65% Marketing and customer enrollment 433,000 311,530 (121,470) 72% 943,000 631,470 67% Other general & administration 693,000 668,324 (24,676) 96% 1,625,000 956,676 59% Total current expenditures 146,313,000 132,840,054 (13,472,946) 91% 358,514,000 225,673,946 63% Other Uses Capital outlay 43,000 - (43,000) 0% 114,000 114,000 100% Uninterruptible Power Supply expenditures 1,167,000 - (1,167,000) 0% 2,800,000 2,800,000 100% Total other uses 1,210,000 - (1,210,000) 0% 2,914,000 2,914,000 Total Expenditures and Other Uses 147,523,000 132,840,054 (14,682,946) 90% 361,428,000 228,587,946 63% Surplus (Deficit) $ (19,210,000) $ (13,300,007) $ 5,909,993 $ (9,383,000) $ 3,917,007 -42%

CENTRAL COAST COMMUNITY ENERGY

BUDGETARY COMPARISON SCHEDULE
Five Months Ended February 28, 2022
See accountants' compilation report. 7
33 of 137
CCA Program Surplus/(Deficit)
per budgetary comparison schedule: (13,300,007) $
Adjustments needed to reconcile to the
changes in net position in the
Statement of Revenues, Expenses
and Changes in Net Position:

Subtract depreciation expense (38,089)
Change in Net Position (13,338,096) $

REVENUES, EXPENSES AND CHANGES IN NET POSITION

CENTRAL COAST COMMUNITY ENERGY

BUDGET RECONCILIATION TO STATEMENT OF
Five Months Ended February 28, 2022
See accountants' compilation report. 8
34 of 137
Budget Item YTD Variance Comment
Electric Sales Revenue (7.5%) Sales revenue includes revenues actually billed to customers as well as estimated customer usage during the reporting period that is not yet billed.

Cost of Energy (5.1%) Variances in this category are typically due to (1) timing difference between projected and actual REC deliveries, (2) variance from actual to anticipated market prices, and (3) variance from actual to expected volume used by customers.

Staffing (31.5%) Staffing expenses are under budget due to the timing of new hires.

Professional Services (60.3%) This category includes accounting, IT, technical and other consultants.

Legal Costs (16.9%) This category includes outside legal costs for regulatory and energy procurement needs.

Marketing and customer enrollment (28.1%) Variance is mostly due to the lower than anticipated costs of recent customer enrollments.

Data Management Services 1.9% These fees non-discretionary and are charged on a per customer basis.

Utility Service Fees (9.5%) These are PG&E and SCE fees charged on a per customer basis.

Other General & Administrative (3.6%) This category includes occupancy costs, industry membership dues, and other general and administrative costs.

Energy and Related Programs (79.3%) Programs expenses have generally been delayed until future periods Budget Commentary for significant items

CENTRAL COAST COMMUNITY ENERGY
October 1, 2021 through February 28, 2022
9 35 of 137
‐$2.7
$1.8
Act
Bud
‐$6.8
‐$3.7
$28.3
‐$10.0
‐$5.0
$0.0
$5.0
$10.0
$15.0
$20.0
$25.0
$30.0
$35.0
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Actual
Budget
$118.2
$128.1
$354.6
$0.0
$50.0
$100.0
$150.0
$200.0
$250.0
$300.0
$350.0
$400.0
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Actual
Budget
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Actual (T48/T8) 410 407 442 420 376
Budget 428 421 432 431 379 406 395 421 425 448 478 454
0 100
200
300
400
500
600

CUSTOMERS

SALES VOLUME
376 GWh

STD MARGIN
‐$2.7M (‐12%)
Δ in NET ASSETS
‐$4.3M

REVENUE
$22M
Cumulative YTD Electricity Sales Cumulative YTD Direct Margin Fiscal Year Electricity Sales are $9.9M behind budget, Margin dollars are $3.1M behind budget.

Data Definitions:

CUSTOMERS: From GridX invoice + Calpine.

REPORTED / SALES VOLUME: Best available estimate of actual meter volume.  Currently based on GridX T+8 SQMD Report and T+48 when available.

REVENUE: Total Operating Revenue, net of uncollectible, (excludes Miscellaneous and Interest income).

NON‐OP REV: Other uses, primarily Interest Income
ELECTRICITY SALES: Sales from electricity (net of uncollectible).

STD MARGIN: Electricity Sales less cost of energy (Forecasting & scheduling included in Cost of Energy to match budget) ACTUAL: Same as sales volume above
BUDGET: Volumes from  FY21/22 budget
Monthly Sales Volume (GWh)
Financial Dashboard: February 2022
Margin %

CUSTOMERS
445,000
ACTIVE
February revenue of $22.1M accounts for
376 GWh in net retail consumption. This
comes in 3 GWh behind budgeted volume.

Our YTD Revenue is behind budget by
$9.9M, and margin is behind budget
by $3.1M for the year.
40%
48%
11%
37%
48%
14%
Res
Com
Ag
YTD Month
45%
48%
7%
39%
49%
12%
Res
Com
Ag
YTD Month
Revenue $22.1
C.O.E. $24.7
OpEx $1.7
Net Income ‐$4.3 ‐12.1%

6.8%
Act
Bud
Margin %
10 36 of 137
Return of Investments YTD Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Money Market and other Interest Earning Accounts $ 34,009 162,297 $ 33,104 $ 32,526 $ 31,581 $ 31,077 $ Funds Invested - Average Balance $ 178,052,000 170,609,000 $ 172,266,000 $ 165,204,000 $ 167,506,000 $ Average APY 0.24% 0.22% 0.23% 0.23% 0.22%

CENTRAL COAST COMMUNITY ENERGY
Investment Summary
October 1, 2021 through February 28, 2022
11 37 of 137
Total 0-30 31-60 61-90 90-120 Over 120
Accounts Receivable, net 28,158,000 19,172,000 5,651,000 1,018,000 658,000 1,659,000 Period % 100% 68% 20% 4% 2% 6%
As of February 28, 2022
Accounts Receivable Aging Report

CENTRAL COAST COMMUNITY ENERGY
DAYS
12 38 of 137
Staff Report Item 5
TO: CCCE Operations Board of Directors
FROM: Tom Habashi, Chief Executive Officer
SUBJECT: CEO's Report (Discussion Item)
DATE: April 13, 2022

ENERGY DIVISION MEETING REGARDING PROJECT DELIVERABILITY Staff will meet on April 6, 2022 with California Public Utilities Commission Energy Division staff to review market impacts on power purchase agreement project deliverability.

Staff is soliciting the Commission’s work plan, if any, to address widespread reports of delays (especially to battery energy storage systems) resulting from COVID-19 impacts, supply chain delays, increasing raw material costs, increasing market costs, and now the recently announced U.S. Department of Commerce anti-dumping investigation for solar cell module manufacturing.

FRONT OF THE METER BATTERY STORAGE
Staff continues to evaluate short-listed FMES projects submitted as part of the December 2021 Request for Offers. Due to volatility in the market, staff is currently evaluating CCCE’s ability to own and operate FMES assets rather than contracting for energy services (dispatch, arbitrage, and resource adequacy).

Staff analysis will include, but not be limited to a review of pricing, CCCE project delivery capabilities, cost of operating and maintenance, site control activities, insurance, and financing options. Staff anticipates presenting its analysis to the Operations Board as part of the May 2022 regular meeting.

COMMUNITY ADVISORY COUNCIL AD HOC STATUS
The Policy Board-appointed Ad Hoc Committee to discuss CAC processes had facilitated sessions on March 30 and 31. Staff will receive a report from the facilitators and will formalize the Committee’s recommendations and feedback to report back at upcoming Board meetings.

SUPPLIER DIVERSITY REPORT
On February 28, 2022, Central Coast Community Energy submitted its second annual Supplier Diversity Report and Annual Plan to the California Public Utilities Commission in compliance with CPUC General Order 156 and Senate Bill 255. The report is included here as an attachment. 39 of 137
The data reflects the commitment of CCCE to the economic development of the region and particular focus on small and local vendors; 30% of non-energy spending is with businesses based in our service area and a 7x increase since last year in spending with vendors qualified for the CPUC’s supplier clearinghouse. Even more compelling in the report is the breadth and scope of the impact made by CCCE in our Central Coast communities. Hundreds of outreach events, thousands of customer engagements, millions of program and procurement dollars spent in furtherance of reducing greenhouse gas emissions.

ATTACHMENT(S):

1. CCCE Enrollment & Customer Engagement Update

2. 2021 Supplier Diversity Report and Annual Plan

3. Energy Programs Update

4. Member Agency Services Update

5. Regulatory and Legislative Update
40 of 137

ENROLLMENT TIMELINE
January 2022
Transition for est. 3,000 customers on NEM Program in SCE service territory Transition for est. 2,700 customers in the City of Buellton (including NEM) February 2022
60-day post-enrollment notifications SCE NEM
60-day post-enrollment notifications City of Buellton
March 2022
Shift to NEM Monthly Billing continues – est. 44,000 customers November 2023
60-day pre-enrollment notifications for customers in the City of Atascadero December 2023
30-day pre-enrollment notifications for customers in the City of Atascadero January 2024
Transition for customers in the City of Atascadero
February 2024
30-day post-enrollment notifications for customers in the City of Atascadero March 2024
60-day post-enrollment notifications for customers in the City of Atascadero 41 of 137

MEMBER AGENCY OUTREACH
Member Agency Services Engagement
Completed 10 Member Agency meetings; five in the scheduling process Communication materials (English & Spanish) shared with agency staff & PIOs Member Agency Services presentation to Monterey Bay Area Managers Group Member Agency Working Groups
Reach Codes – March 2nd at 1 pm
Fleet Electrification – April 1st at 1 pm
Reach Codes – April 14th at 1 pm
Member Agency Services Energy Programs Engagement
Medium Duty-Heavy Duty Electric Vehicle Program
All-Electric Transit Bus, Street Sweeper, and Fire Truck applications received 42 of 137
CALL CENTER ACTIVITY – PG&E Customers
• Of the 2,246 inbound customer calls received this March, 419 were SCE customers transferred directly to the CalPine IVR to accomplish their action. • Of the remaining 1,827 calls, roughly 53% elected to speak with a call center representative.
• The remaining 47% of customers strictly used the IVR to accomplish their action 43 of 137
CALL CENTER ACTIVITY – SCE customers
44 of 137
OPT OUT BY LOCATION Buellton
Buellton
45 of 137

REASONS FOR OPT-OUTS
March 22, 2022
46 of 137
3CEPRIME OPT-UP
47 of 137
SERVICE AREA % OF ENROLLMENT

89.65% 94.94%

97.89%

90.64%

92.59%

98.38%

87.68%

93.38%

96.65%

98.82%

96.45%

95.09%

96.99%

91.08%

88.50%

96.49%

93.90%

96.39%

97.76%

95.88%

92.87%

87.87%

98.47%

97.30%

87.50%

86.60%

90.86%

96.57%

95.14%

97.66%

95.93%

98.43%

96.35%

WATSONVILLE

UNINC SANTA BARBARA CO

UNINC MONTEREY CO

SOLEDAD

SCOTTS VALLEY

SANTA CRUZ

SAN LUIS OBISPO

SALINAS

PASO ROBLES

MORRO BAY
MARINA

GUADALUPE

GREENFIELD
GOLETA

CARPENTERIA

CAPITOLA

ARROYO GRANDE
48 of 137
SERVICE AREA % OF LOAD ENROLLED

91.91% 94.59%

97.53%

93.41%

94.43%

87.37%

96.91%

93.03%

94.06%

95.83%

81.75%

85.55%

96.89%

95.60%

95.55%

98.73%

96.25%

98.28%

97.27%

93.85%

93.59%

96.38%

99.53%

98.77%

97.90%

98.68%

93.25%

98.03%

98.33%

98.04%

97.39%

99.85%

98.38%

WATSONVILLE

UNINC SAN BENITO CO

SOLVANG

SEASIDE

SANTA MARIA

SANTA BARBARA

SAN LUIS OBISPO

SALINAS

PASO ROBLES

MORRO BAY
MARINA

GUADALUPE

GREENFIELD
GOLETA

CARPINTERIA

CAPITOLA

ARROYO GRANDE
49 of 137

WEBINARS & PRESENTATIONS
City of Buellton – Enrolling Community Public Forum (2/8/22) City of Buellton – Enrolling Community Public Forum (Spanish) (2/10/22) Monterey Bay Area Managers Group (2/18/2022)
Santa Maria 2022 Business Expo (3/3/2022)
Montecito Association (3/8/22)
National Association of Women Business Owners – Santa Barbara (3/10/22) Morro Bay Chamber Breakfast (3/16/22)
CCCE Energy Update Webinar: Cost of Service Rates (3/22/22) CCCE Energy Update Webinar: Cost of Service Rates – Spanish (3/24/22) Good Morning SLO Presentation (3/24/22)
50 of 137

UPCOMING WEBINARS & PRESENTATIONS
CCCE Energy Update: Making the Move to Monthly NEM (4/12/22) CCCE Energy Update: Making the Move to Monthly NEM – Spanish (4/12/22)
Economic Development Corporation (4/21/22)
51 of 137
Supplier
Diversity
2021 Annual Report
2022 Annual Plan
2 Supplier Diversity
Table of Contents
4 5
7 8
Annual
Report
Introduction
Annual
Plan
Appendix
35 29
35 35
35 35
35 36
10 17
18 19
20 22
23 26
24 27
26 26
27 27

9.1.1 9.1.2

9.1.3 9.1.4

9.1.5 9.1.6

9.1.7 9.1.8

9.1.9 9.1.11

10.1.1 10.1.2

10.1.3 10.1.4

10.1.5 10.1.6
Disadvantaged Business Program Activities During 2021
Disadvantaged Business Annual Results by Ethnicity
Disadvantaged Business Direct Procurement by Product and Service Categories
Disadvantaged Business Subcontractor Procurement by Product and Service Categories
Disadvantaged Business Procurement by Standard Industrial Categories Description of Disadvantaged Suppliers with CA Majority Workforce Disadvantaged Business Program Expenses
Disadvantaged Business Results and Goals Not Applicable Prime Contractor Utilization of Disadvantaged Business Subcontractors Disadvantaged Business Complaints Received
Efforts to Recruit Disadvantaged Supplier in Low Utilization Categories Not Applicable
Retention of All Documents/Data Not Applicable
Additional Activities
Disadvantaged Business Fuel Procurement
Chief Executive Officer’s Message
Executive Summary
Investments & Activities in 2021
Introduction
Disadvantaged Business Annual Goals Not Applicable
Small, Local, and Diverse Business Planned Program Activities for 2021 Recruiting Disadvantaged Suppliers in Low Underutilization Areas Not Applicable
Recruiting Disadvantaged Suppliers Where Unavailable Not Applicable Encouraging Prime Contractors to Subcontract Disadvantaged Suppliers Not Applicable
Complying with the Disadvantaged Business Program Guidelines 36 Not Applicable

9.1.1 Outreach and Sponsorship Organizations
3 cccenergy.org

BEFORE THE PUBLIC

UTILITIES COMMISSION OF

THE STATE OF CALIFORNIA
Order Instituting Rulemaking
into Implementation of Public
Utilities Code Sections
8281- 8286 Relating to Woman,
Minority, Service-Disabled
Veteran and Lesbian, Gay,
Bisexual and Transgender
Business Enterprises
R. 91-02-011

CENTRAL COAST

COMMUNITY ENERGY
(CCCE)
Woman, Minority, Service-Disabled Veteran and
Lesbian, Gay, Bisexual
and Transgender Business
Enterprises (WMDVLGBTBE)
used interchangeably with
Disadvantaged Business
Report for Calendar Year 2021
Central Coast Community
Energy
70 Garden Court, Suite 300
Monterey, CA 93940
888-909-6227
March 1, 2022
4 Introduction
Chief Executive Officer’s Message
2021 brought continued global and local
challenges to the people and communities
served by Central Coast Community Energy
(CCCE). In the face of ongoing pandemic-related detriments to the local economy, ubiquitous climate change impacts across all
facets of life, rising wholesale energy prices
and tumultuous changes to the energy, and
utility industries, CCCE has redoubled our
commitment to achieving our mission for the
communities we serve. That mission remains:
• Reducing greenhouse gas emissions
related to the use of power in our region
• Providing competitively priced
electric power
• Delivering programs to facilitate
electrification of transportation,
buildings, and infrastructure
• Stimulating the local economy and
creating local jobs
• Promoting rate stability and energy
security through local control of electric
generation
Spanning 33 cities and counties across the
Central Coast of California, CCCE’s service
area represents an incredible range of
cultures, backgrounds, and histories. We
are honored to be a part of the daily life of
over 435,000 customers and consider it a
privilege to work toward positive change in
the broader climate and local economy.

In 2021, the CCCE Boards, Community
Advisory Council, and staff executed on this
mission while focusing particular engagement
and program activities on our most
disadvantaged communities hardest hit by
the challenges of the year. Many program
incentives are tiered to provide the greatest
benefit to customers with the fewest
resources, thereby encouraging greater
participation by those who have historically
been the most challenging to serve.

Additionally, procurement and spending
activities are directed whenever possible
to small, local, and diverse business
enterprises. In so doing, CCCE maximizes
its economic impact in the region, delivers
on the promise of its mission, and works
toward meeting the statewide objectives set
by Senate Bill 255.

This 2021 Supplier Diversity Annual Report
and 2022 Annual Plan reflect CCCE’s
accomplishments, but more importantly
lay out our commitment to the ongoing
development of the region. We look
forward to continually expanding our
relationships with small, local, diverse
suppliers as we work to improve the
environment and the local economy.

Tom Habashi
Tom Habashi
Chief Executive Officer
Introduction 5
cccenergy.org
Executive Summary
Central Coast Community Energy’s second
Supplier Diversity Report shows significant
progress in the agency’s investments with
small, local, and diverse business enterprises.

Though still constrained by Proposition 209’s
amendment to the California Constitution;
preventing public agencies from providing
preferences to bidders based on race, sex,
color, ethnicity, or national origin; CCCE is
proud that almost 30% of its $3.4 million in
non-energy procurement spending in 2021
was with local vendors based within its 33
member agency jurisdictions. The supplier
spending in the data tables below are limited
to vendors who, in response to an annual
survey sent to all vendors doing business
with the agency, self-identified as eligible
for the California Public Utilities Commission
Supplier Diversity Program. While operating
in compliance with Proposition 209, CCCE
spent $86,331 with these vendors in 2021,
representing a 7x increase over 2020’s $12,042.

In the past year, CCCE has launched several
new initiatives to support small, local, diverse
business enterprises seeking to do business
with the community choice aggregator.

Launched in 2021, the CCCE Local Vendor
Registry now features 32 participants who
receive business opportunity notifications
and preferential scoring in Requests for
Proposals/Offers. In addition to the registry,
CCCE Boards adopted a formal Small and
Local Preference Policy allowing the agency
to, whenever possible, work with small, local,
and diverse businesses to provide goods
and services. As well, CCCE is a current
member of 35 small, local, and diverse
community, business, and economic
development organizations.

CCCE’s Policy Board has increased its
electrification programs budget to be 4%
of annual operating revenues, projected
in the 2021-2022 fiscal year to be $14.1
million. Programs are designed with
extensive community input to bring the
greatest benefit possible to disadvantaged
members of our community. Targeted
outreach in multiple languages is aimed at
diverse groups throughout the service area
including immigrant support network round
tables, field farmworker promotional events,
and extensive partnerships with community-based organizations. The portfolio of programs has expanded to include new
construction, agriculture, electrification
education, transportation, battery energy
storage, and a dedicated fund to support
member agency services.

A major initiative begun in 2021 and
continuing into 2022 is the creation of
the CCCE Community Advisory Council’s
Underserved Communities ad hoc
committee. Staff and councilmembers
have worked to develop a detailed
framework informing how CCCCE defines
underserved communities, engages with
those communities, designs programs
around their needs and identifies the
strategies, and tactics that will make those
programs successful.
6 Introduction
EXECUTIVE SUMMARY (CONT.)
One of the greatest challenges in
demonstrating spend with diverse
suppliers is that the vast majority of a CCA’s
expenditures is on energy procurement,
where diverse suppliers are rare. CCCE
applauds the CPUC for their guidance in
this report to focus on non-energy spend.

Despite the inherent challenge, CCCE has
begun seeking proposals for locally sited,
clean, renewable energy projects. CCCE
has already shortlisted 100MW of solar
and 110MW of battery storage projects
in Monterey and Santa Barbara counties.

Development of these projects will provide
energy, capacity, resource adequacy, and
ancillary services directly within the CCCE
service area. Additionally, CCCE has
begun procurement of 1-5MW Front of the
Meter energy storage projects in the service
area with the design of sharing the benefits
of those projects with critical member
agency facilities.

CCCE continues its commitment to advance
procurement with small and local diverse
business enterprises throughout the Central
Coast as a critical component of the
agency’s mission to reduce greenhouse gas
emissions while stimulating the economy.

Introduction 7
cccenergy.org
CCCE Investment
& Activities in 2021
306
Outreach events
37 Small, local and diverse memberships joined
$49,918
Spent on local events
& sponsorships
$31,459
Spent on Women Business Enterprise (WBE)
$979,233
Total CCCE spend in service area with
local businesses
10 New hires
$14.1 million
Allocated to energy programs
$25 million
Allocated for resiliency at critical facilities
8 Introduction
Central Coast
Community Energy
(CCCE) is a public
agency that sources
competitively
priced electricity
from clean and
renewable energy
resources.
9 cccenergy.org

CENTRAL COAST

COMMUNITY ENERGY
CCCE is locally controlled and governed by
board members representing its constituent
communities. Revenue generated by CCCE
stays local and helps keep electricity rates
affordable for customers, while funding
innovative energy programs designed
to lower greenhouse gas emissions and
stimulate local economic development.

CCCE serves more than 435,000 customers
throughout the Central Coast, including
residential, commercial, and agricultural
customers in communities located within
Monterey, San Benito, San Luis Obispo,
Santa Barbara, and Santa Cruz counties.

SENATE BILL 255
SB 255 (Bradford 2019) expands the
Commission’s Supplier Diversity Program by
lowering the annual revenue threshold for
participation from $25 million to $15 million
and requiring CCAs to report specified
information.

CALIFORNIA PROPOSITION 209
In compliance with Proposition 209, CCAs
do not give preferential treatment to bidders
based on race, sex, color, ethnicity, or
national origin. To comply with Proposition
209, CCAs may collect this information only
after contracts are signed, and responses are
kept separate from procurement decision
makers, so that this information does not
influence any current or future solicitation or
selection processes.

CCCE is committed to encouraging
participation of small, local and diverse
businesses in all phases of procurement
and contracting activity within the scope of
current law.
10 2021 Annual Report

9.1.1 Disadvantaged
Business Program
Activities During 2021

INTERNAL ACTIVITIES
As a regional public agency established by our local communities, CCCE is committed to supporting small, local and diverse businesses while ensuring a fair and transparent procurement process.

Our local businesses represent the communities that we serve, one of the most diverse in California. While Prop 209 limits CCCE to retroactively collecting information about disadvantaged business status, funds spent within CCCE’s service area for services and energy have a significant impact. As discussed in Section 10.1.2, CCCE has developed an internal vendor database of suppliers and vendors to support our effort to contract with small and local vendors. The registry collects information aligned with the limitations of legislation SB255 and allows CCCE to track how many contracts are made with these vendors and where they are located. The registry was sent to all currently enrolled business customers on the B1 and B10 small business rates. In 2021 it was promoted to over 110 community organizations, member agencies, city contacts, business chambers, and diverse business groups that serve our local communities. The Vendor Registry itself, as well as outreach efforts, have been made available in both Spanish and English.

In addition to ensuring a fair and transparent procurement process, CCCE recognizes that the diversity of its workforce contributes to how CCCE (1) engages with disadvantaged communities; (2) understands the unique barriers that preclude disadvantaged businesses from securing contracting opportunities with CCCE; and (3) eliminates unintended bias in the selection and contracting processes. Accordingly, CCCE is committed to diversity and inclusion in its recruitment, selection, workforce development, and internal personnel policies.

CCCE increases diversity in candidate recruitment and selection by critically examining minimum job qualifications, posting open positions with professional groups geared towards women and other minority candidates, and applying rigorous candidate selection processes, which include utilizing diverse selection committees and removing personal identifying information during the screening process to remove biases. CCCE routinely evaluates internal policies and practices, including compensation, benefits, workplace accommodations, and training to ensure practices are aligned with a diverse and inclusive workplace.

In 2021, CCCE hired 10 new team members including five women and members of four distinct ethnicities.

9.1.1 Disadvantaged Business Program Activities During 2021 2021 Annual Report 11 cccenergy.org

EXTERNAL ACTIVITIES
CCCE supports a wide array of community, business, and trade organizations that promote the growth and development of small and diverse businesses, as well as the health and economic well-being of disadvantaged communities across the CCCE service territory. As part of CCCE’s ongoing commitment to economic vitality throughout the Central Coast, CCCE staff attended, sponsored and facilitated over 300 events and external activities during 2021.

These opportunities enable CCCE to share resources and provide information about CCCE’s energy programs available to eligible customers, utility payment assistance, and the benefits of using clean and renewable power.

In addition to supporting events, CCCE staff hosted virtual webinars, workshops, and public forums to bolster outreach and gather valuable feedback about community needs and increase participation in energy programs.

KEY OUTREACH ACTIVITIES
CCCE Webinars in English and Spanish
CCCE staff hosted dozens of virtual events to educate households and businesses about CCCE services, enrollment, and energy programs. To best accommodate all members of enrolling communities, events were offered during lunchtime hours, in the afternoon and evenings. All events had at least one option entirely in Spanish.

While not directly focused on contracting opportunities, these outreach activities provided a critical introduction to CCCE and its business activities to our expansive and diverse service area. In 2021 CCCE increase participation in activities and outreach to economic development organizations that represented local and diverse business owners to encourage vendor registration and increase awareness around energy programs available to local small to medium business owners.

Community Immigrant Services Network of Empowerment (CISNE) Round Table CCCE staff participated in monthly round table meetings attended by regional non-profits and community organizations that support disadvantaged and underserved communities.

Field Farmworker Outreach Promotion
In partnership with Univision, La Tricolor 99.5, La Ley 100.3 and Entravision, CCCE is continuing its commitment to educating farmworkers, many of whom are part of the region’s most ethnically diverse and disadvantaged communities. Although COVID-19 restrictions limited activities in 2020, CCCE continued meeting with the advisory group on a quarterly basis to provide updates, share resources, identify areas for improvement and assist with the ongoing planning and preparation for 2021’s program. In addition to the relaunch of the Farmworker 12 2021 Annual Report 9.1.1 Disadvantaged Business Program Activities During 2021 KEY OUTREACH ACTIVITIES (CONT.)
Outreach promotion in Monterey County in 2021, CCCE was also able to leverage these same partnerships and expand outreach to farmworkers in Santa Barbara County as well. During the 2021 promotional season CCCE distributed PPPE to over 500 farmworkers over a total of 10 events.

Promotores of San Luis Obispo and Santa Barbara Counties CCCE participates in regular meetings, resource fairs, and webinars with the Promotores to provide resources to the underserved Hispanic communities. The Promotores effort replicates the successful Community Immigrant Services Network of Empowerment (CISNE) Round Table that is active in CCCE’s northern service area.

Fund for Santa Barbara County
CCCE participates in regular meetings attended by nonprofits and community leaders to share resources and discuss opportunities to support underserved communities.

California Green Business Network
CCCE works closely with three Green Business Certification Programs in its service area to provide direct support to local green business owners looking to opt up to CCCE’s 100% renewable energy offering, 3CPrime.

CCCE Underserved Communities Ad Hoc Committee
Staff worked with an ad hoc committee of the Community Advisory Council to develop a plan informing (1) how CCCE defines underserved communities; (2) how CCCE engages and supports underserved communities; (3) specifying CCCE’s role in outreach and engagement activities with underserved communities, including program design and outreach, and (4) identifying strategies and tactics to improve engagement with the underserved communities.

KEY SPONSORSHIPS & MEMBERSHIPS ORGANIZATIONS
Monterey Bay Economic Partnership (MBEP)
CCCE’s CEO serves on the Board of Directors for MBEP, a regional organization focused on climate change, transportation, housing, workforce development, and equal access to broadband technology. CCCE participates regularly in MBEP’s regional events including panel discussions, attending, and sponsoring regional meetings, and virtual conferences including the 7th Annual Regional Economic Summit.

Regional Economic Action Coalition (REACH)
CCCE participates in the Council for REACH, an organization based in San Luis Obispo and Santa Barbara Counties focused on clean energy, aerospace, technology, and economic vitality. CCCE participates in regular meetings, networking events and webinars with REACH.

9.1.1 Disadvantaged Business Program Activities During 2021 2021 Annual Report 13 cccenergy.org
National Association of Women Business Owners, Central Coast Chapter CCCE participates in regular meetings, networking events and webinars with NAWBO California and Central Coast Chapters.

Women’s Business Enterprise Council, Pacific Chapter
As a member of WBEC Pacific, CCCE has exclusive access to a registry of over 17,000+ certified woman owned businesses in a searchable database for vendor selection. CCCE also participates in networking events and webinars with WBEC Pacific.

Rainbow Chamber of Commerce, Silicon Valley
CCCE participates in networking events and webinars with the Rainbow Chamber of Commerce. This organization connects CCCE to local vendors who identify as LGBTQ+.

Western Regional Minority Supplier Development Council
By being a corporate member of WRMSDC, CCCE is afforded a database of all WRMSDC certified minority businesses, supplier diversity training and education opportunities, networking events, and webinars relevant to supplier diversity.

ENERGY PROGRAMS OUTREACH
CCCE’s focus on local control, clean energy, and community reinvestment uniquely positions us to equitably deploy GHG emission reducing energy programs in collaboration with Member Agencies, regional partners, our Community Advisory Council, and community-based organizations (CBOs). We strategically target electrification of the transportation, building, and agriculture sectors – the biggest contributors to regional GHG emissions –– and design programs that meet community priorities while simultaneously offering solutions across CCCE’s entire service area.

Our expansive and continual community engagement is key to gathering valuable feedback that allows us to design programs that meet our diverse community’s needs.
• Building Electrification – Supporting customers in the transition from fossil fuels to electricity for various end uses in new and existing residential and commercial buildings including domestic hot water, space conditioning, cooking, etc.
• Transportation Electrification – Supporting customers in the transition from fossil fuels to electricity for light, medium and heavy-duty vehicles, including support for electric vehicle charging infrastructure.
14 2021 Annual Report 9.1.1 Disadvantaged Business Program Activities During 2021 • Agricultural Sector Electrification – Supporting the agricultural industry in the transition from fossil fuels to electricity for various agricultural applications including irrigation pumping, tractors, forklifts, etc. • Community Resiliency – Supporting grid reliability and customer resiliency through energy infrastructure and demand response.

KEY ENERGY PROGRAMS OUTREACH ACTIVITIES
Community Advisory Council Meetings & Activity
CCCE’s 15-member Community Advisory Council (CAC) provides a direct point of engagement with the communities and the customers we serve. The CAC’s current composition includes representatives with experience in organized labor, local environmental groups, sustainable planning, affordable housing development, the agricultural and tourism industries, energy efficiency, low-income customer assistance, as well as a current Air Pollution Control Officer and a former California Energy Commissioner. The trusted network, experience, and perspectives that the CAC members bring to CCCE help maintain the agency’s capacity to help disadvantaged communities.

Community Stakeholder Engagement and Program Design Process In 2021, Energy Programs staff concluded a nine-month phased program design process across CCCE’s service area soliciting community and stakeholder engagement and feedback. To encourage participation in the process and ensure inclusive and representative input across the service area, staff actively reached out to CBOs representing community member and sent notifications in English and Spanish via social media, radio, and newsletter. Staff also held public workshops – two of which were in Spanish – to collect feedback from the public on community priorities and program concepts.

In December 2020, a five-member Ad Hoc Committee (AHC) comprised of Community Advisory Council members was formed to support staff in the development of a Design Criteria Framework and the evaluation and selection of program concepts. Information collected from public input and surveys was provided to AHC members to consider when developing criteria and evaluating concepts. Staff also developed and provided impact analysis with a focus on environmental, social, and economic impacts to help guide recommendations.

This AHC met nearly thirty times over a six-month period concluding in August 2021, often with staff to provide technical support and design updates. Based on the AHC’s recommended shortlist of programs and community input, staff

9.1.1 Disadvantaged Business Program Activities During 2021 2021 Annual Report 15 cccenergy.org
underwent an iterative program design process that included two additional public workshops. Staff also posted the Programs Designs Package on the CCCE website to allow the public to access the document for three weeks and submit feedback via email.
2021 ENERGY PROGRAMS
New Construction Electrification Program
In 2021, CCCE implemented the second iteration of the New Construction Electrification Program to incentivize local housing developers to construct all-electric multi-family housing projects across CCCE’s service area. Under this program, homeowners who lost their homes during the 2020 wildfires in Monterey and Santa Cruz counties also had an opportunity to receive incentives to rebuild their homes all-electric. For this program, CCCE reserved $2.2 million with 75% of program funds reserved specifically for affordable housing developments.

Agricultural Electrification Program
In 2021, CCCE implemented the second iteration of the Agricultural Electrification Program to provide incentives to local agricultural businesses to replace fossil fuel powered equipment with all electric equipment, including irrigation pumps, tractors and other ag-related equipment. This program had a $400,000 incentive budget.

Electrify Your Ride Program
In 2021, CCCE launched the Electrify Your Ride Program to provide rebates to residential, commercial/agricultural, and public agency customers following the purchase or lease of eligible electric vehicles. This program had a $700,000 incentive budget and provided enhanced incentives to low-income customers on CARE/FERA rates.
16 2021 Annual Report 9.1.1 Disadvantaged Business Program Activities During 2021 Charge Your Ride Program
In 2021, CCCE launched the Charge Your Ride Program to provide rebates to residential customers after the purchase and installation of Level 2 EV Chargers and for related time and material costs associated with installation. This program had a $295,000 incentive budget and provided enhanced incentives to low-income customers on CARE/FERA rates.

Electric School Bus Program
In 2021, CCCE implemented the second iteration of the Electric School Bus Program to incentivize public schools and school districts to purchase all-electric school buses. For this program, CCCE reserved $2.2 million and contributed up to 50% of the cost of a bus, not to exceed $200,000.

Summer Readiness Program Pilot
In 2021, CCCE launched the Summer Readiness Program Pilot to help mitigate seasonal grid stress.

This demand response program offered a select group of commercial, industrial, agricultural, and Member Agency customers a bill credit of $1.00/kWh to reduce energy usage during summer peak events between 4:00 and 9:00 pm. This program had a $200,000 incentive budget.

Electrification Education Grant Program
In 2021, CCCE launched the Electrification Education Grant (Grant) Program. This grant solicitation called for project proposals that address: a) education and outreach barriers to electrification of the building and/or transportation sectors; and/or b) gaps in workforce training and development slowing the advancement of electrification of the building and transportation sectors. The Grant program had a $285,000 budget and targeted local organizations interested in and able to meet program objectives.

CALeVIP – South Central Coast Incentive Project
In coordination with State and regional funding partners, CCCE launched the CALeVIP – South Central Coast Incentive Project (SCCIP) program in 2021 providing incentives for public DC Fast Chargers and Level 2 Electric Vehicle Chargers. Following an earlier CALeVIP program serving CCCE’s northern service area, the SCCIP made a total of $12 million in funds available over two years in San Luis Obispo, Santa Barbara and Ventura counties. CCCE is contributing $1,750,000 with our funding available to CCCE customers and 50% of the funds dedicated to disadvantaged and low-income communities.

Uninterruptible Power Supply (UPS) Fund Program
In 2021, CCCE continued to offer the UPS Fund Program to public sector customers to provide reduced cost financing for resiliency projects that support back up power at eligible critical facilities.

The UPS Fund Program leverages CCCE investment in local jobs, because CCCE’s public sector partners stimulate the regional economy through local preference purchasing policies, local workforce requirements, and prevailing wage policies.
2021 Annual Report 17
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9.1.2 Summary of Purchases

WMDVLGBTBE ANNUAL RESULTS BY ETHNICITY
Direct
Procurement
Subcontractor
Procurement Total $ Percentage of Net Procurement
Minority
Male
Asian Pacific American $22,467 $0 $22,467 .7%
African American $0 $0 $0 0%
Hispanic American $26,746 $0 $26,746 .7%
Native American $0 $0 $0 0%
Total Minority Male $49,213 $0 $49,213 1.4%
Minority
Female
Asian Pacific American $0 $0 $0 0%
African American $0 $0 $0 0%
Hispanic American $0 $0 $0 0%
Native American $0 $0 $0 0%
Total Minority Female $0 $0 $0 0%
Total Minority Business Enterprise
(MBE) $49,213 $0 $49,213 1.4%
Women Business Enterprise (WBE) $31,459 $0 $31,459 1%
Lesbian, Gay, Bisexual, Transgender
Business Enterprise (LGBTBE) $1,659 $0 $1,659 .05%
Disabled Veteran Business Enterprise
(DVBE) $0 $0 $0 0%
Other 8(a)* $4,000 $0 $4,000 .12%
Total WMDVLGBTBE $86,331 $0 $86,331 2.5%
Net Procurement** $3,403,571
* FIRMS CLASSIFIED AS 8(A) OF SMALL BUSINESS ADMINISTRATION INCLUDES NON-WMDVLGBTBE ** NET PROCUREMENT INCLUDES PURCHASE ORDER, NON-PURCHASE ORDER, AND CREDIT CARD DOLLARS 18 2021 Annual Report 9.1.2 Summary of Purchases
cccenergy.org
* FIRMS CLASSIFIED AS 8(A) OF SMALL BUSINESS ADMINISTRATION INCLUDES NON-WMDVLGBTBE ** NET PROCUREMENT INCLUDES PURCHASE ORDER, NON-PURCHASE ORDER, AND CREDIT CARD DOLLARS

WMDVLGBTBE DIRECT PROCUREMENT BY PRODUCT AND SERVICE CATEGORIES Products Services Total
$ % $ % $ %
Minority
Male
Asian Pacific American $0 0% $22,467 .7% $22,467 .7%
African American $0 0% $0 0% $0 0%
Hispanic American $0 0% $22,467 .7% $22,467 .7%
Native American $0 0% $0 0% $0 0%
Total Minority Male $0 0% $49,213 1.4% $49,213 1.4%
Minority
Female
Asian Pacific American $0 0% $0 0% $0 0%
African American $0 0% $0 0% $0 0%
Hispanic American $0 0% $0 0% $0 0%
Native American $0 0% $0 0% $0 0%
Total Minority Female $0 0% $0 0% $0 0%
Total Minority Business Enterprise (MBE) $0 0% $49,213 1.4% $49,213 1.4% Women Business Enterprise (WBE) $3,500 .1% $27,958 .8% $31,459 1% Lesbian, Gay, Bisexual, Transgender
Business Enterprise (LGBTBE) $0 0% $1,659 .05% $1,659 .05% Disabled Veteran Business Enterprise
(DVBE) $0 0% $0 0% $0 0%
Other 8(a)* $0 0% $4,000 .12% $4,000 .12%
Total WMDVLGBTBE $3,500 .1% $82,830 2.4% $86,331 2.5%
Total Product Procurement $50,466
Total Service Procurement $3,353,106
Net Procurement** $3,403,571
Total Number of WMDVLGBTBEs that
Received Direct Spend 9

9.1.2 Summary of Purchases 2021 Annual Report 19
cccenergy.org
* FIRMS CLASSIFIED AS 8(A) OF SMALL BUSINESS ADMINISTRATION INCLUDES NON-WMDVLGBTBE ** NET PROCUREMENT INCLUDES PURCHASE ORDER, NON-PURCHASE ORDER, AND CREDIT CARD DOLLARS

WMDVLGBTBE SUBCONTRACTOR PROCUREMENT BY PRODUCT AND SERVICE CATEGORIES Products Services Total
$ % $ % $ %
Minority
Male
Asian Pacific American $0 0% $0 0% $0 0%
African American $0 0% $0 0% $0 0%
Hispanic American $0 0% $0 0% $0 0%
Native American $0 0% $0 0% $0 0%
Total Minority Male $0 0% $0 0% $0 0%
Minority
Female
Asian Pacific American $0 0% $0 0% $0 0%
African American $0 0% $0 0% $0 0%
Hispanic American $0 0% $0 0% $0 0%
Native American $0 0% $0 0% $0 0%
Total Minority Female $0 0% $0 0% $0 0%
Total Minority Business Enterprise (MBE) $0 0% $0 0% $0 0% Women Business Enterprise (WBE) $0 0% $0 0% $0 0%
Lesbian, Gay, Bisexual, Transgender
Business Enterprise (LGBTBE) $0 0% $0 0% $0 0%
Disabled Veteran Business Enterprise
(DVBE) $0 0% $0 0% $0 0%
Other 8(a)* $0 0% $0 0% $0 0%
Total WMDVLGBTBE $0 0% $0 0% $0 0%
Total Product Procurement $0
Total Service Procurement $0
Net Procurement** $0
20 2021 Annual Report 9.1.2 Summary of Purchases 2021 Annual Report 21 cccenergy.org

WMDVLGBTBE PROCUREMENT BY STANDARD INDUSTRIAL CATEGORIES Asian Pacific American African American Hispanic American Hispanic American Minority
Business
Enterprise
(MBE)
Women
Business
Enterprise
(WBE)
Lesbian,
Gay,
Bisexual,
Transgender
Business
Enterprise
(LGBTE)
Disabled
Veterans
Business
Enterprise
(DVBE)
Other 8(a)* Total Total Dollars
SIC
Category Male Female Male Female Male Female Male Female 8742, 8748
$
%
Category 2
$
%
Category 3
$
%
Category 4
$
%
Category 5
$
%
Category 6
$
%
Category 7
$ $3,500 $3,500
% .1% .1%
Category 8
$
%
Category 9
$22,467 $26,746 $49,213 $27,958 $1,659 $4,000 $82,830
.7% .7% 1.4% .8% .05% .12% 2.4%
Category 10
$
%
Total
$22,467 $26,746 $49,213 $31,459 $1,659 $4,000 $86,331
.7% .7% 1.4% 1% .05% .12% 2.5%
Total Product Procurement
$50,465
Total Service Procurement
$3,353,106
Net Procurement**
$3,403,571
22 2021 Annual Report 9.1.2 Summary of Purchases
Description of Disadvantaged Suppliers with CA Majority Workforce CCCE’s certified suppliers are located in California and have a California majority workforce.

DATA ON NUMBER OF SUPPLIERS
Revenue Reported to Supplier Clearinghouse Utility-Specific 2021 Summary Number of
WMDVLGBTBEs MBE WBE LGBTBE DVBE Other 8(a)*
Grand
Total MBE WBE LGBTBE DVBE Other 8(a)*
Grand
Total
Under
$1 million
Under
$5 million
Under
$10 million
Above
$10 million
Total 0 0 0 0 0 0 0 0 0 0 0 0

DATA ON NUMBER OF SUPPLIERS
Revenue Reported to Supplier Clearinghouse Utility-Specific 2021 Summary

WMDVLGBTBE
$M MBE WBE LGBTBE DVBE Other 8(a)*
Grand
Total MBE WBE LGBTBE DVBE Other 8(a)*
Grand
Total
Under
$1 million
Under
$5 million
Under
$10 million
Above
$10 million
Total 0 0 0 0 0 0 0 0 0 0 0 0
* FIRMS CLASSIFIED AS 8(A) OF SMALL BUSINESS ADMINISTRATION INCLUDES NON-WMDVLGBTBE 2021 Annual Report 23
cccenergy.org

9.1.3 Disadvantaged Business
Program Expenses
Expense Category 2021 Estimated Actuals
Wages $25,000
Other Employee Expenses $0
Program Expenses $0
Reporting Expenses $1,631.25
Training $0
Consultants $0
Other $0
Total $26,631.25
CCCE’s Disadvantaged Supplier reporting expenses are, and will likely continue to be, minimal.

This reality reflects the limitations of Prop 209 that restrict local government agencies from collecting information on disadvantaged businesses until after contracting or selection decisions have been made. The limited dollars spent on reporting activities in no way reflects CCCE’s commitment to spurring the local economy and fostering contracting opportunities for small, local, and diverse businesses.

As detailed in other sections, CCCE invests heavily in community outreach, advertising, training, and development to serve as a partner in economic development that benefits our diverse businesses and to ensure the community is aware of energy program offerings and contracting opportunities for goods and services, as well as power procurement.

By way of example, CCCE directly engaged local business entities to ensure they were aware of the California Energy Commission’s (CEC) CALeVIP program and directed them to the program and the benefits on-site electric vehicle infrastructure could bring to their business.

Similarly, in anticipation of its local-only power procurement request for offers, CCCE facilitated introductions between developers and local landowners interested in leasing land for local renewable energy generation.
24 2021 Annual Report
cccenergy.org

9.1.5 Summary of Prime
Contractor Utilization of
Disadvantaged Subcontractors
CCCE is committed to developing meaningful contracting opportunities for diverse businesses in all phases of contracting activities within the limits of existing law. Without the owned assets, infrastructure, and facilities of a typical utility, CCCE’s commitment is reflected primarily in its procurement of new clean and renewable resources and its local electrification program investments.

CCCE’s estimated 2022 retail sales are 5,200 GWh with a peak capacity of 900 MW distributed across 65% non-residential and 35% residential customers. In addition to the 18 utility- scale long term PPAs we executed in the year 2020 and 2021, CCCE made sincere efforts to procure locally sited clean and renewable power supply from standalone Energy Storage Systems to meet its growing service territory and demand.

In January 2021 CCCE published a Request for Proposal to procure locally sited, clean, and renewable energy projects. Through this process, CCCE initially shortlisted 100MW of solar and 110 MW of battery storage and selected four long-term projects with two developers. The projects are located in Monterey and Santa Barbara counties.

In November 2021 CCCE’s Board of operations approved a 20-year contract for a 10MW/40MWh battery storage project, and a 20-year agreement for three long duration battery storage projects for 32MW/256MWh. These projects are expected to come online as early as March 2025. The remaining shortlisted capacity faced Interconnection and siting challenges, however, CCCE remains in communication with the developers of these potential projects. Development of this grid-connected energy storage will provide greater reliability throughout CCCE’s service area and enable CCCE to better manage its solar & wind generation resources. These storage projects will provide energy, capacity, Resource Adequacy benefits and ancillary services.

In June 2021, CCCE requested general and technical qualification from energy storage development companies, consultants, and others for procuring Front-of-the Meter (“FoTM”), local energy storage resiliency project. This RFQ was CCCE’s new procurement effort to deploy energy storage projects, sized anywhere between 1 MW to 5 MW throughout its service area. This RFQ was intended to determine the viability of 1-5 MW energy storage projects in CCCE’s service area, with possibility of sharing some potential sites with our member agencies and publishing a request for proposal to qualified 2021 Annual Report 25
cccenergy.org

SUMMARY OF PRIME CONTRACTOR UTILIZATION OF WMDVLGBTBE SUBCONTRACTORS Minority
Male
Minority
Female
Minority
Business
Enterprise
(MBE)
Women
Business
Enterprise
(WBE)
Lesbian, Gay,
Bisexual,
Transgender
Business
Enterprise
(LGBTE)
Disabled
Veterans
Business
Enterprise
(DVBE)
Other 8(a)*
Total
Disadvantaged
Subcontractors
Direct $ $0 $0 $0 $0 $0 $0 $0 $0
Subcontracting $ $0 $0 $0 $0 $0 $0 $0 $0
Total $ $0 $0 $0 $0 $0 $0 $0 $0
Direct % 0% 0% 0% 0% 0% 0% 0% 0%
Subcontracting % 0% 0% 0% 0% 0% 0% 0% 0%
Total % 0% 0% 0% 0% 0% 0% 0% 0%
Net
Procurement** $3,403,571
developers. In November 2021, CCCE decided to open a competitive proposal to all developers for 1-5 MW locally sited standalone FoTM energy storage systems interconnected into the distribution system through either a Standard Form Energy Storage Agreement (“ESA”), or a complete design and build project within CCCE’s service area. This proposal resulted in over 70 offers for standalone storage that are currently under evaluation. Nearly all the proposed project sites are owned by CCCE Member Agencies. Many of these sites may be eligible for PG&E’s Community Microgrid Enablement Tariff (CMET) and Community Microgrid Enablement Program (CMEP). CMET allows FoTM energy storage resources to provide power to a limited group of local customers during a grid outage.
26 2021 Annual Report
cccenergy.org

9.1.4 Disadvantaged Business
Results and Goals
This section is not applicable to CCAs for 2021 G.O. 156 compliance reporting.

9.1.7 Efforts to Recruit
Disadvantaged Supplier in
Low Utilization Categories
This section is not applicable to CCAs for 2021 G.O. 156 compliance reporting.

9.1.8 Retention of All
Documents/Data
This section is not applicable to CCCE.
2021 Annual Report 27
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9.1.6 Disadvantaged Business
Complaints Received
CCCE is unaware of any formal complaints.

9.1.9 Additional Activities
CCCE’s activities supporting small and local diverse businesses are described in Section 9.1.1.

9.1.11 Disadvantaged Business Fuel
Procurement
CCCE does not have any owned power plants or power purchase agreements which would require us to provide fuel for the generators. Thus, CCCE does not have fuel procurement to report. 28 cccenergy.org
Annual
Plan
2022 Annual Plan 29
cccenergy.org

10.1.2 Small, Local, and
Diverse Business Planned
Program Activities for 2022
CCCE recognizes the significant impact its purchasing activities have on our local economy and is actively engaged in implementing and refining a comprehensive plan to increase participation and contracting opportunities for small and local diverse businesses. CCCE’s internal and external activities to further emphasize small and local procurement in 2022 include:

1. expanding outreach to identified small and local diverse businesses

2. increasing small, local and diverse business participation

3. incentivizing small, and local diverse business participation These components are implemented differently when applied to the power supply procurement and non-power supply purchasing.
2022 PLANNED INTERNAL ACTIVITIES
CCCE is committed to expanding our database of small and local vendors, providing staff training, and reinforcing the organization’s commitment to inclusivity and increasing contracting opportunities for small and local diverse businesses.

To identify and facilitate increased communication with small and local diverse suppliers, CCCE is refining how it engages with the business community continues to expanding its internal vendor database.

Diverse Business Engagement – CCCE engages with local economic development partnerships and diverse business chambers to build and leverage relationships to spur additional contracting opportunities for small and local diverse businesses.

Small and Local Vendor Registry – CCCE’s vendor database enables direct outreach to small and local suppliers regarding contracting opportunities with CCCE. It improves CCCE’s outreach by allowing CCCE to better understand which contracting opportunities the vendor engages in, whether the vendor is successful, and identifying potential barriers to participation in CCCE contracting opportunities.
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30 2022 Annual Plan 10.1.2 Small, Local, and Diverse Business Planned Program Activities for 2022 CCCE is committed to ensuring a diverse and inclusive workforce supportive of small and local businesses that reflect the suppliers in the communities we serve. CCCE’s recruitment and hiring practices support the agency’s goal to promote an inclusive and diverse workplace culture:
• Hiring Practices and Diverse Talent Pipelines – Within the limits of current law, CCCE seeks to develop diverse talent pipelines that reach traditionally unrepresented professional groups and educational institutions.
• Compensation and Job Classifications – CCCE conducts a biennial compensation study to ensure our compensation and benefits are competitive with the relevant job market for comparable positions. Additionally, CCCE reviews its job classifications and job descriptions to promote a vibrant and effective organization, which includes ensuring educational requirements are appropriate for the job, or that relevant experience can substitute for formal education.

Internship Program – In 2022, CCCE will continue to engage in internship opportunities for students from local community colleges and universities that serve traditionally underserved communities.

CCCE will introduce students to meaningful learning opportunities in both local government and the electric procurement industry while helping to develop future talent for our clean energy economy.

10.1.2 Small, Local, and Diverse Business Planned Program Activities for 2022 2022 Annual Plan 31 cccenergy.org
2021 PLANNED INTERNAL ACTIVITIES (CONT.)
Diversity and Unconscious Bias Training – CCCE is committed to providing employee training, including diversity and unconscious bias training, to further recognize and address barriers, stigmas and systemic institutions that limit small and local diverse businesses’ participation in CCCE contracting opportunities.

Intentional Policy Setting – CCCE’s Policy and Operations Boards, its Community Advisory Council, and staff are committed to establishing comprehensive policies reconfirming CCCE’s commitment to small and local diverse businesses. Policies include local preference policies, evaluating, and defining selection criteria for power procurement contracting and program development and economic development.
32 2022 Annual Plan 10.1.2 Small, Local, and Diverse Business Planned Program Activities for 2022 2022 PLANNED EXTERNAL ACTIVITIES
CCCE’s 2022 external activities complement its internal efforts to identify, support, and incentivize the participation of small and local diverse businesses with CCCE contracting opportunities. CCCE’s 2022 outreach program will continue outreach to diverse business chambers and community-based organizations including networking opportunities and activities that administer technical assistance and/or offer capacity building activities to suppliers in the small and local business community.

Our planned external activities include, but will not be limited to:
• Engaging with local chapters of diverse business and key supplier associations such as the following:
• Providing training to small and local diverse businesses on how to register with CCCE’s Local Vendor Registry to receive information about contracting opportunities • Targeted outreach focused on increasing, identifying, and reducing barriers to contracting opportunities for small and local diverse businesses
• Provide referrals to the Commission’s Clearinghouse, registration assistance, and highlights of the benefits it provides for small and local diverse businesses CCCE includes preference criteria for local projects as part of its standard power procurement processes. In 2022, CCCE is increasing its commitment by specifically soliciting local projects.

As part of that effort, CCCE developed specific requirements and evaluation criteria to value a project’s impact on the local economy. CCCE will support local developers through bidders’ conferences and facilitating introductions and opportunities for renewable energy professionals.

CCCE’s extensive portfolio of energy programs represent a significant opportunity to address several State goals, including reducing greenhouse gases, accelerating the transition to electrification, and increasing contracting opportunities for small and local diverse businesses.

CCCE’s 2022 energy programs will continue to address barriers to contracting by encouraging coordination with Member Agencies’ programming, advertising procurement opportunities, and increasing access to workforce training and development.

American Association of Blacks in Energy National Utilities Diversity Council California Black Chamber of Commerce U.S. Veterans Business Alliance National LGBT Chamber of Commerce Veterans In Business Network National Minority Supplier Development Council Women’s Business Enterprise Council Pacific

10.1.2 Small, Local, and Diverse Business Planned Program Activities for 2022 2022 Annual Plan 33 cccenergy.org

FUTURE ENERGY PROGRAM DEVELOPMENT
Ongoing energy program evaluation and performance measurement is important to ensuring that CCCE’s energy programs are achieving their goals and objectives while identifying areas for potential improvement within CCCE’s continuing program portfolio. CCCE staff will evaluate and provide a report on previous fiscal year energy program activities and performance. Staff will be using the energy program evaluation and report to inform future program design, implementation, budgeting, and marketing and outreach.

Staff also plans on working with an Ad Hoc Committee (AHC) comprised of three Community Advisory Council members. The AHC is being established to provide feedback regarding staff’s proposed key performance indicators, as well as staff’s recommendations and suggested potential modification program design, implementation, and outreach and marketing.
2022 ENERGY PROGRAMS
New Construction Electrification Program
In 2022, CCCE will implement the third iteration of the New Construction Electrification Program to incentivize local housing developers to construct all-electric multi-family housing projects across CCCE’s service area. CCCE reserved $1.5 million for this program, and unlike previous iterations, will only provide incentives to support affordable, all-electric housing in 2022.

Residential Electrification Program
In 2022, CCCE will launch the Residential Electrification Program to provide incentives to contractors and installers who install all-electric heat pump water heating and space conditioning technologies in existing single-family homes and multi-family properties. This program will have a $1.6 million incentive budget and will provide enhanced incentives for low-income customers. It will also include workforce education and training opportunities for local contractors focused on equipment installation and how to market and sell heat pump technology.

Agricultural Electrification Program
In 2022, CCCE will implement the third iteration of the Agricultural Electrification Program to provide incentives to local agricultural businesses to replace fossil fuel powered equipment with all electric equipment, including irrigation pumps, tractors, and other ag-related equipment. This program will have a $600,000 incentive budget and will provide enhanced incentives for projects that will have GHG impacts and/or those applied for by “small businesses” in our service area. 34 2022 Annual Plan 10.1.2 Small, Local, and Diverse Business Planned Program Activities for 2022 cccenergy.org
Electrify Your Ride Program
In 2022, CCCE will launch the second iteration of the Electrify Your Ride Program to provide rebates to residential, commercial/agricultural, and public agency customers. This revamped program will have a $2.85 million incentive budget and will offer rebates to customers for electric vehicles, EV chargers, EV readiness (to cover time and material electrical costs associated with installation, and E-bikes. In addition to offering more rebates, this program will also offer two levels of enhanced incentives for low-income customers, as well as an enhanced incentive for e-bikes purchased from local bike shops.

Electric School Bus Program
In 2022, CCCE will implement the third iteration of the Electric School Bus Program to incentivize public schools and school districts to purchase all-electric school buses. For this program, CCCE reserved $1 million and will continue to contribute up to 50% of the cost of a bus, not to exceed $200,000.

Community Education and Workforce Grant Program
In 2022, CCCE will launch the second iteration of its Grant Program with a focus on grant projects that will increase public knowledge about the concept of electrification and its benefits, and providing workforce education, training, and development opportunities focused on electrification.

The Grant program will have a $400,000 budget and continue to target local organizations interested in and able to meet program objectives.

CALeVIP – South Central Coast Incentive Project
In coordination with State and regional funding partners, CCCE will continue to support the CALeVIP – South Central Coast Incentive Project (SCCIP) program in 2022 providing incentives for public DC Fast Chargers and Level 2 Electric Vehicle Chargers. Following an earlier CALeVIP program serving CCCE’s northern service area, the SCCIP made a total of $12 million in funds available over two years in San Luis Obispo, Santa Barbara, and Ventura counties. CCCE is contributing $1,750,000 with our funding available to CCCE customers and 50% of the funds dedicated to disadvantaged and low-income communities.

Behind the Meter Battery Storage Pilot Program
In 2022, CCCE will launch a Battery Storage Pilot Program to support development and utilization of behind the meter battery resources. This program will prioritize grid reliability and value streams that are available to CCCE. A $350,000 budget has been reserved for this program.

Uninterruptible Power Supply (UPS) Fund Program
In 2022, CCCE will continue to offer the UPS Fund Program to public sector customers to provide reduced cost financing for resiliency projects that support back up power at eligible critical facilities.

The UPS Fund Program leverages CCCE investment in local jobs, because CCCE’s public sector partners stimulate the regional economy through local preference purchasing policies, local workforce requirements, and prevailing wage policies.
2022 Annual Plan 35
cccenergy.org
Member Agency Services
On December 16, 2021, CCCE launched Member Agency Services. This new comprehensive offering enables CCCE to proactively engage our 33 Member Agencies in program design, utilization, outreach, and support for non-program initiatives designed to reduce greenhouse gas emissions and the reliance on fossil fuels. Programs currently available or planned for launch in 2022 include:
• Reach Codes
• Greenhouse Gas Accounting
• Light Duty Vehicle Electrification
• Planning, Implementation, and Innovation Grant
• Medium and Heavy-Duty Electric Vehicle Programs
In addition to programs, Member Agency Services is intended to meet other needs and opportunities that further CCCE’s strategic goals. Examples of such efforts may include data access and analysis, regional policy making support, collaboration on grid reliability efforts, and other requests and ideas yet to be identified by Member Agencies or CCCE. It is anticipated that CCCE’s participating Member Agencies, as public sector partners, will stimulate the regional economy through local purchasing policies, local workforce requirements, and prevailing wage policies.

Not Applicable Sections

10.1.1 Disadvantaged Business Annual Goals
This section is not applicable to CCAs for 2021 G.O. 156 compliance reporting.

10.1.3 Recruiting Disadvantaged Suppliers in Low Underutilization Areas This section is not applicable to CCAs for 2021 G.O. 156 compliance reporting.

10.1.4 Recruiting Disadvantaged Suppliers Where Unavailable This section is not applicable to CCAs for 2021 G.O. 156 compliance reporting.

10.1.5 Encouraging Prime Contractors to Subcontract
Disadvantaged Suppliers
This section is not applicable to CCAs for 2021 G.O. 156 compliance reporting.

10.1.6 Complying with the Disadvantaged Business Program Guidelines This section is not applicable to CCAs for 2021 G.O. 156 compliance reporting. 36 Appendix

9.1.1 Outreach and
Sponsorship Organizations Full List
5Cities Homeless Coalition
Allan Hancock College
Association of Women in Water, Energy, and the
Environment Behavioral Health Agency SLO
Bike SLO County
Boys & Girls Club of the Mid Central Coast
CAPSLO, Inc
Buellton Chamber of Commerce
Carmel Chamber of Commerce
Carmel Valley Chamber of Commerce
Carmel Valley PartnersCasa de la Raza
CAUSEe
Center for Family Strengthening
Central Coast Climate Collaborative
Chamber of Commerce of San Luis Obispo
CommUnify Community Environmental Council
Community Immigrant Network Services of
Empowerment (CINSE)
Congressman Salud Carbajal’s Office
Cuesta College Latino Leadership Network Cuesta
College Monarch Center
Ecology Action
ECOSLO
Entravision Comm Inc.

First Five Paso
Fund for Santa Barbara Inc. Green Business Network
Green Building Council
Grower-Shipper Association of Central California
Hispanic Business Association
Housing Authority SB County
Independent LGBT Chamber – Rainbow Chapter Living
Resource Center
Latino Outreach Council
Latinx & Indigenous Migrant COVID-19 Response Task Force League of Women Voters
Lideres Campesinas Santa Maria
Management Trust Paso Robles
Montecito Association
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Appendix 37
cccenergy.org
Montecito Rotary
Monterey Bay Economic Partnership
Mixteco Indigena Community Organizing Project
Monterey Bay Aquarium Foundation Inc.

Monterey Co Vinters & Growers Association
Monterey County Business Council Inc
Monterey County Farm Bureau
Monterey Hospitality Association
Monterey Peninsula Chamber of Commerce
Morro Bay Chamber of Commerce
Mujeres de Accion
NAACP Santa Maria and Lompoc Chapter
National Association of Women Business Owners
North County Newcomer’s Club
North Monterey County School District
North San Luis Obispo County Association of Realtors
Paso Robles Chamber of Commerce Paso
Robles Library Paso Robles Public Schools
People’s Self-Help Housingg
Pismo Beach Rotary Premiere
Promotores Collaborative San Luis Obispo
REACH
Regeneración Pájaro Valley Climate Action
Rotary Club of the Five Cities Eco
Rotary of Arroyo Grande
Rotary of Paso Robles Noon Rotary of Paso
Robles Sunrise
Salinas Valley Area Chamber of Commerce
San Benito County Business Council
San Benito County Farm Bureau
Salinas Valley Energy Forum
Salinas Valley Virtual Housing Resource Fair
San Luis Obispo Association of Realtors
San Luis Obispo County Farm Bureau
Santa Barbara Bike Coalition
Santa Barbara County Action Network
Santa Barbara County Farm Bureau
Santa Barbara County Promotores Network
Santa Barbara Foundation
Santa Barbara South Coast Chamber of Commerce
Santa Barbara Vintners Association
Santa Cruz Area Chamber of Commerce
Santa Maria Library
Santa Maria Noontimers Lions Club
Santa Maria Rotary South
Santa Maria Sunrisers Lions Club
Santa Maria Valley Chamber of Commerce
Santa Maria Valley YMCA
Santa Ynez Band of Chumash Indians
Santa Ynez Chamber of Commerce
Santa Ynez Valley People Helping People
Santa Ynez Valley Rotary
SLO Chamber of Commerce
SLO Climate Coalition
SLO County Community Foundation Inc.

Solvang Rotary Clubb
South County Chambers of Commerce
St. John Neumann Catholic Church
St. Rose of Lima Catholic Church
Sunrise Terrace Summerland Citizens Association
The Little House by the Park Transitions Mental
Health Transportation Agency Monterey
Tri-County Regional Energy Network (3C-Ren)
United Farm Workers of America Inc.

United Way of San Luis Obispo County
Womens Business Enterprise Council
Women’s Economic Ventures
United Way Monterey County
YMCA
70 Garden Court, Suite 300
Monterey, CA 93940
CCCenergy.org
(888) 909-6227
cccenergy.org
TO: Operations Board of Directors
FROM: Tom Habashi, Chief Executive Officer
DATE: April 13, 2022
RE: Update on CCCE Energy Programs
ENERGY PROGRAMS UPDATE:

Staff continues to develop and implement CCCE’s FY 21/22 suite of Energy Programs for a broad range of customers to advance building electrification, transportation electrification, agricultural electrification, and community resiliency. Provided in this memorandum is an update on recent energy programs implementation activities.

Electrify Your Ride Program
On November 9, 2021, CCCE staff launched the next iteration of the Electrify Your Ride Program.

Building off of last year’s program, the Electrify Your Ride Program provides rebates to CCCE customers who purchase or lease an electric vehicle (EV). This program also incorporates rebates for Level 2 EV Chargers, as well as related home electrical upgrades - such as panel upgrades and wiring – to support “EV Readiness”. A new offering of the Electrify Your Ride Program includes rebates for electric bicycles (E-bikes) for residents.

Residential, commercial, and agricultural customers are welcome to apply. Higher incentive amounts will be available through this program for income-qualified customers to promote greater adoption of transportation electrification in disadvantaged and low-income communities. CCCE Member Agencies will have the option to reserve funding under the program for future fleet EV purchases, as well as the purchase and/or installation of EV Chargers. In FY 21/22, CCCE budgeted a total of $3.1 million with $2.85 million allocated for customer incentives. Funds will remain available through September 30, 2022, or until funds are fully reserved. To date, CCCE has received 968 applications totaling $1,270,172 in requests. The following table summarizes program participation as of 4/1/2022 based on approved applications by county.
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Electrify Your Ride FY 21/22
Total Number of
Applications Approved
Total Rebates
Approved
Monterey 119 $ 199,278
San Benito 10 $ 22,839
San Luis Obispo 137 $ 158,853
Santa Barbara 102 $ 147,756
Santa Cruz 207 $ 262,088
Total 575 $ 790,814
New Construction Electrification Program
On October 5, 2021, CCCE launched the third iteration of the New Construction Electrification Program (NCEP). Through a first-come-first-served application process, the NCEP provides housing developers incentive funds to build all-electric housing. Like previous iterations of the program, projects must be built to all-electric standards for all energy utility needs including but not limited to water heating, space heating, and cooking appliances. This year, incentives are available only for affordable housing units.

A $2,500 incentive will be provided on a per unit basis and will be provided “downstream” to developers upon successful completion of the project. In FY 21/22 a total of $1.5 million is available to housing developers and will remain available through September 30, 2022, or until funds are fully reserved. As of 4/1/2022, CCCE has received and approved three applications for a total request of $477,500.

Agricultural Electrification Program
On October 5, 2021, staff launched the third iteration of the Agricultural (Ag) Electrification Program.

The Ag program provides incentives to CCCE customers for replacement of fossil fuel powered agricultural equipment with new electric equipment including irrigation pumps, farm tools, utility vehicles and other equipment. Incentives will be provided “downstream” directly to the customer after proof of purchase and/or installation of equipment.

The incentive is open to CCCE customers whose primary business is agriculture production and/or agriculture processing. This year, eligible customers will receive between 70 – 100% of the total project cost up to $30,000 for qualifying projects. Applications submitted by small businesses with higher impact projects - in terms of greenhouse gas emissions reduction – will be supported by the highest incentive levels. In FY 21/22, a total of $600,000 is available for incentives and will remain available through September 30, 2022, or until funds are fully reserved. As of 4/1/2022, 22 applications have been received totaling nearly $332,900 in requests. Staff has approved 16 applications and reserved or paid just over $235,000 under the Program.
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Agriculture Electrification Program FY 21/22
Total Number of
Applications
Incentives Requested
Monterey 9 $ 195,430
San Benito 1 $ 20,000
San Luis Obispo 2 $ 31,475
Santa Barbara 3 $ 51,609
Santa Cruz 7 $ 35,387
Total 22 $ 332,901
Electric School Bus Program
On October 5, 2021, CCCE launched the third iteration of the Electric School Bus Program. This program provides public schools and school districts enrolled in CCCE service with an opportunity to receive funding for the purchase of an all-electric school bus. The Electric School Bus Program is intended to reduce GHG emissions from school buses, as well as eliminate harmful pollutants emitted by traditional diesel buses near students.

In FY 21/22, a total of $1 million is available to incentivize up to five new buses in our service area. CCCE will contribute up to 50% of the cost, not to exceed $200,000 for each school bus. Funds will be distributed directly from CCCE to the bus manufacturer of the awardee’s choosing on behalf of the awardee. Applications will be accepted on a rolling basis until funds are fully reserved. As of 4/1/2022, CCCE has received nine (9) applications totaling over $1.45 million in requests.

School Bus Electrification Program FY 21/22 Total Number of Applications Incentives Requested
Monterey 5 $ 675,000
San Benito 1 $ 200,000
Santa Barbara 2 $ 381,259
Santa Cruz 1 $ 200,000
Total 9 $ 1,456,259
CALeVIP – South Central Coast Incentive Project
On August 5, 2021, CCCE – in coordination with State and regional funding partners – launched the CALeVIP – South Central Coast Incentive Project (SCCIP). Implemented by the Center for Sustainable Energy (CSE), this program follows the FY 19/20 CALeVIP – Central Coast Incentive Project to provide incentives for public DC Fast Chargers and Level 2 Electric Vehicle Chargers. CALeVIP – SCCIP will make a total of $12 million in funds available over two years in San Luis Obispo, Santa Barbara, and Ventura counties. CCCE is contributing $1,750,000 with our funds available only to CCCE customers and 50% of the funds dedicated to disadvantaged and low to moderate income communities. 91 of 137
On the first day after launching the SCCIP, the program saw over 250 applications and an oversubscription for DC Fast Charger funds. At this time, all funding is reserved. CSE is moving to finalize funding approval and distribute funding to approved projects.

Community Education and Workforce Grant Program
On December 9, 2021, CCCE launched the second iteration of the Community Education and Workforce Grant Program (“Grant Program”). The purpose of the Grant Program is to provide support for organizations to address education and outreach barriers that impact CCCE Energy Programs focused on Electrification, as well as to address gaps in local workforce training and development slowing the advancement of electrification of the building and/or transportation sectors. A total of $400,000 has been made available for the Grant Program, with a maximum grant amount of $100,000 per grant recipient geared towards encouraging more workforce development proposal submissions.

The application closed on February 7, 2022. CCCE has received 10 applications requesting a total of $749,029. Staff have reviewed and scored the applications and plan to finalize their selection and announce awardees mid-April.

Energy Programs Launch Schedule
The table below provides a launch status overview for FY 21/22 Energy Programs:

Program Launch Schedule
Light-Duty Electric Vehicle Public Charging
Program ("CALeVIP") Launched 8/5/2021
Agriculture Electrification Program Launched 10/5/2021
Electric School Bus Program Launched 10/5/2021
New Construction Electrification Program Launched 10/5/2021 Light-Duty Electric Vehicle and Private Charging Program ("Electrify Your Ride") Launched 11/9/2021
Energy Education, Workforce Development, and
Innovation Program (Grant Programs) Launched 12/9/2021
Residential Electrification Program Q3, FY 21/22
Battery Storage Pilot Program TBD
Summer Readiness Program TBD
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TO: Operations Board of Directors
FROM: Tom Habashi, Chief Executive Officer
DATE: April 13, 2022
RE: Update on CCCE Member Agency Services

MEMBER AGENCY SERVICES UPDATE
On December 16, 2021, CCCE launched Member Agency Services (MAS). This comprehensive offering enables CCCE to proactively engage its 33 Member Agencies in program design, utilization, outreach, and support for non-program initiatives designed to reduce greenhouse gas emissions and the reliance on fossil fuels. CCCE has launched a new standalone webpage to fully communicate MAS efforts:
https://3cenergy.org/member-agency-services/
Existing program offerings under MAS include:
 Greenhouse Gas Inventory
 Reach Code Program
 Planning, Implementation, and Innovation Grant Program  Light-Duty Electric Vehicle Program
 Medium and Heavy-Duty Electric Vehicle Program
In addition to programs, MAS will support Member Agencies in other initiatives furthering CCCE’s strategic goals, including data access and analysis, and regional policy making support.

Provided in this memorandum is an update on recent Member Agency Services implementation activities.

Light-Duty Electric Vehicle Program
As of 3/31/2022, CCCE has received four applications including two each from the County of Monterey and the City of Watsonville. Staff are reviewing the applications and working closely with Member Agency staff to ensure eligibility, process applications, and reserve funding. Staff is also actively supporting other Member Agencies and is anticipating several more applications soon.

Medium and Heavy-Duty Electric Vehicle Program
As of 3/25/2022, CCCE has received three applications including from the Cities of Santa Cruz, Capitola, and Guadalupe. Staff are reviewing the applications and working closely with Member Agency staff to ensure eligibility, process applications, and reserve funding.

Planning, Implementation, and Innovation Grant Program
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The purpose of the Planning, Implementation, and Innovation Grant Program is to provide CCCE Member Agencies with support related to electrification of municipal fleets, properties, and community infrastructure. A total of $600,000 has been made available for the Grant Program, with a maximum grant amount of $150,000 per grant recipient. The application closed on February 7, 2022, and CCCE received nine (9) applications requesting a total of $942,033. Staff have reviewed and scored the applications and plan to finalize their selection and announce awardees mid-April.

Member Agency 1:1 Engagements
CCCE staff is engaging and actively scheduling meetings with Member Agency staff to share information about Member Agency Services and solicit information, feedback, and ideas. As of 3/31/2022 CCCE staff have held one-on-one meetings with 11 of our Member Agencies.

Member Agency Building and Transportation Electrification Working Groups CCCE has also established and is facilitating working groups focused on building and transportation electrification to drive participation in existing programs and inform future program design; identify common needs, barriers, and scalable solutions for regional electrification; and identify and share resources between Member Agencies and CCCE.

The initial building and transportation electrification working groups each focus on discrete areas of municipal electrification: 1) Reach Codes and 2) Municipal Fleet Electrification. On March 2, 2022, CCCE hosted its first building electrification working group meeting focused on Reach Codes, with 23 attendees from eight Member Agencies. The meeting included presentations from Reach Code experts and program administrators including the Building Decarbonization Coalition and the Tri-County Regional Energy Network. On April 1, 2022, CCCE hosted its first transportation electrification working group meeting focused on municipal fleet electrification. 94 of 137
TO: CCCE Operations Board of Directors
FROM: Tom Habashi, Chief Executive Officer
DATE: April 13, 2022
RE: Regulatory & Legislative Impact Update
Regulatory
Power Charge Indifference Adjustment (PCIA; Rulemaking.17-06-026) – Application for Rehearing of Working Group 3 Decision
Issue
In June 2021 CCCE, five other individual CCAs, and CalCCA jointly filed an Application for Rehearing (AFR) of Decision.21-05-030 in the PCIA proceeding at the California Public Utilities Commission (CPUC). The AFR challenged the Decision’s failure to provide unbundled ratepayers (i.e., CCA customers) with the full benefits of resource adequacy and GHG-free resources that they currently pay for through the PCIA.

Prior to the Decision, a CPUC-convened working group that included both CalCCA and investor-owned utilities had developed recommendations for how Commission could give CCA customers access to these benefits. CCCE believes the CPUC committed legal error in D.21-05-030 by failing to order allocations of the Resource Adequacy and GHG-free resources in the same way the Decision does for the Renewable Portfolio Standard-eligible resources.

Impacts
In the absence of a decision from the CPUC on the AFR, or if the CPUC rejects the AFR, CCCE, CalCCA, and other interested CCAs would need to file a court appeal to ensure that CCA customers receive the benefit of the legacy resources that customers already pay for through the PCIA. In the meantime, lack of access to these benefits raises costs for CCCE customers.

Status
The CPUC has scheduled the AFR for discussion in the closed session of its 4/7/22 Voting Meeting. This will hopefully bring resolution on the issue at the CPUC and determine whether legal action will be necessary.

Integrated Resource Planning (IRP; Rulemaking.20-05-003) – Final Preferred System Plan (PSP) Decision and end of the current IRP cycle
Issue
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Integrated Resource Planning (IRP) is the CPUC’s GHG reduction planning process. Every two years, CCAs, investor-owned utilities (IOUs) and Direct Access providers must submit Integrated Resource Plans documenting the resources they plan to procure through 2030 and the estimated GHG emissions associated with those resources. The CPUC aggregates the Plans and uses the results to determine whether the sector is on track to hit its portion of California’s 2030 GHG reduction goals while maintaining reliable electric service. The most recent IRPs were due in September 2020, after which the CPUC focused on aggregating those plans to determine system-wide outcomes.

Impacts
The CPUC does not have direct jurisdiction over CCA procurement the way it does for IOUs. However, the Commission has used its responsibility for achieving required GHG reductions as the basis for ordering all load-serving entities participating in the IRP process (including CCAs) to procure extra resources if it finds the PSP lacking in GHG reductions and/or grid reliability. The first IRP cycle in 2017- 2018 resulted in a CPUC mandate for 3,300 MW of extra procurement, with an additional 11,500 MW ordered in June 2021 to protect mid-term (2023-2026) grid reliability. Future IRP cycles could bring additional such mandates.

Status
In December 2021 the Commission released a Proposed Decision containing the final Preferred System Plan (PSP), the term used for the aggregation of all the individual LSEs’ IRPs. Factoring in the procurement mandates already in place alongside each LSE’s proposed procurement, the Proposed Decision found that the PSP met GHG and reliability benchmarks and hence did not mandate any additional procurement. The Proposed Decision also ruled on whether each individual IRP was acceptable. CCCE’s 2020 IRP was recommended for certification with an “exemplary” designation for the sections addressing disadvantaged communities. Final certification of CCCE’s 2020 IRP was completed upon passage of the Proposed Decision at the Commission’s February 10, 2022 voting meeting.

The final Decision also provided a timeline for the next IRP cycle. In recognition of the fact that what the Commission envisioned as a two-year cycle has always taken longer, the next cycle removes some of the earlier modeling work done at the Commission in favor of moving straight into LSEs’ IRP development and sticking to the two-year timeline. The next IRP will be due in September 2022, and CCCE staff have already begun internal preparations for meeting this deadline. Preparation of CCCE’s 2022 IRP will be integrated with other internal modeling efforts in order to provide the greatest possible value to CCCE procurement planning.

Provider of Last Resort (POLR; Rulemaking.21-03-011) – Phase 1 Issue
The Provider of Last Resort is the entity responsible for taking over a load-serving entity’s (LSE’s) customers if that LSE fails and can no longer provide electric service. Historically in California, the investor-owned utilities (IOUs) have served as the POLRs in their respective service areas, tasked with taking back CCA customers if a CCA fails. Phase 1 of this proceeding focuses on fleshing out and formalizing the IOUs’ responsibilities as POLR. Phase 2 will create a process for allowing LSEs other than the IOUs (such as CCAs) to serve as POLR in their service areas. The proceeding is the implementation vehicle for SB 520 (Hertzberg, 2019) and has become especially urgent since CCA Western Community Energy’s bankruptcy in June 2021. Activity in this proceeding began in earnest with a workshop on Phase 1 issues in October 2021, after which CalCCA submitted comments in December.

Impacts
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In addition to the rules for POLR, Phase 1 of the proceeding will examine a framework for recovery of POLR costs and consider whether the Financial Security Requirement (FSR) and re-entry fees need to be modified and/or changes made to the CCA registration and de-registration processes. The FSR is a fee that each CCA must pay upfront, historically to the CPUC, to cover the costs of transferring its customers back to the IOU in the event of the CCA’s failure. The re-examination of the FSR could result in a significant increase in the amount of FSR that CCAs are required to post.

Status
The second workshop on Phase 1 issues took place on 3/7/22 and covered a range of topics relevant to CCAs. The three biggest issues on the table for CCAs 1) the extent of responsibility the POLR should have for preemptively procuring resources before any customers are returned to POLR service, 2) how the FSR should be calculated, and 3) what the POLR’s relationship with compliance requirements such as the Renewable Portfolio Standard and Resource Adequacy programs should be. CalCCA submitted comments afterwards with suggestions on the FSR and outlining how the POLR responsibilities can be met without requiring advance procurement, which can raise ratepayer costs and affect already-tight resource markets. A Decision on Phase 1 issues is expected in late 2022.

Resource Adequacy Reform (R.21-10-002) – Structural Reform Issue
Resource Adequacy (RA) is the primary vehicle by which the CPUC carries out grid reliability planning to prevent blackouts and ensure continuous electric service in California. It currently requires all LSEs to demonstrate on an annual and monthly basis that they have purchased enough generating capacity to cover their share of the peak demand. In addition to ongoing administration of the RA program, this proceeding is carrying out structural reform to make the RA program more effective at maintaining reliability of service as the grid transitions away from fossil fuels to a renewables and storage-based fleet. Decision 21-07-014 in July 2021 selected a broad structure called “slice-of-day” for the reformed RA process while acknowledging that many details still needed to be fleshed out. To do this, the Decision ordered a six-month series of stakeholder workshops to try to build consensus around a more detailed version of the slice-of-day model. This workshop series ran from September 2021 through January 2022 and was summarized in a report published in March 2022.

Impacts
RA procurement has taken up an increasing amount of budget and Power Resources staff time in recent years, and the type of RA products CCAs must buy is a direct product of the RA program structure.

Spiking RA prices combined with new noncompliance penalties imposed by the CPUC suggest potential for further cost increases in the future, though this outcome will likely depend on the outcome of the reform process.

Status
Over the course of the workshops two competing versions of the slice-of-day model have emerged. The 24-slice model, developed by Southern California Edison, would create a separate RA requirement in all 24 hours of the day. The 2-slice model, developed by Gridwell Consulting, would be similar to the current peak-focused structure but add a second requirement during the “net peak.” Net peak is the peak demand after wind and solar generation are netted off, and typically occurs in the evening when the sun goes down, but demand is still relatively high.

There has been vigorous debate over many aspects of both these models, including how well they can capture future reliability needs, how they intersect with decarbonization efforts, and how each assigns 97 of 137
value to different types of resources. This debate resulted in a split among stakeholders and within the CCA community. CCCE and five other CCAs believe the two-slice model is the best fit for the time being, and submitted comments in support of this model in March. Other CCAs support the 24-slice model, and it received enough support in the community for CalCCA to support it as well. Stakeholders are now waiting for a Proposed Decision on this issue, and the Commission is expected to release one by summer 2022.

Percentage of Income Payment Plan (PIPP) Pilot Programs (R.18-07-005) – Decision Issue
Rulemaking 18-07-005 is dedicated to exploring ways to reduce disconnections. In October the Commission passed Decision.21-01-012 authorizing a new pilot program called the Percentage of Income Payment Plan (PIPP). The pilot will include up to 15,000 participants across California, and with CCCE’s participation will be open to both bundled and unbundled eligible ratepayers in CCCE’s service area. The pilots will be open to CARE-eligible customers (200% of Federal Poverty Level) that either 1) are in zip codes with highest rates of recurring disconnections, or 2) were disconnected 2 or more times during the 12 months prior to the disconnection moratorium. Each CCA must choose to participate in the pilot in order for its customers to be eligible even if they otherwise meet the eligibility requirements.

PIPP customers will receive a monthly bill cap based on a percentage of their income, standardized for two tiers of income (up to or over 100% Federal Poverty Level) and two household size categories (household of 1-2 or 3+ members). Participants will be charged the lower of their PIPP bill cap or their CARE and/or Medical Baseline bill. Cost recovery for both bundled and unbundled participants will be through the electric Public Purpose Program (PPP) charge. The PPP is paid on the delivery side of the electricity bill by all ratepayers, both bundled and unbundled.

Impacts
Access to the PIPP pilot will provide an additional source of financial relief for eligible CCCE customers that is financed by all California ratepayers.

Status
On February 4, 2022, CCCE submitted joint Advice Letters with both PG&E and SCE proposing compliant Percentage of Income Payment Plan pilots. The programs will be administered by the IOUs, with CCCE customers in specific Goleta, Salinas, Santa Maria, and unincorporated Santa Barbara County zip codes being eligible. CCCE is waiting for the CPUC to make a determination on the Advice Letters, after which marketing, education, and outreach activities for the pilot may begin.

GO –156 Supplier Diversity Program (Rulemaking.21-03-010) - Proposed Decision Issue
In addition to adding certain categories and modifying reporting requirements, Rulemaking 21-03-010 seeks to revise the California Public Utilities Commission’s General Order 156 Supplier Diversity Program to include mandatory CCA reporting and goal setting in accordance with Senate Bill 255.

Impacts
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CCCE submitted its first voluntary Supplier Diversity Report to the Commission in 2021 and delivered its second report on March 1, 2022. While required to submit to the requirements of SB 255, CCCE is also subject to the limitations placed on it by Proposition 209’s amendment to the California Constitution, preventing public agencies from providing preferences to bidders based on race, sex, color, ethnicity, or national origin. The Proposed Decision fails to incorporate these limits on CCAs, creating a legal conflict as CCAs will not be able to legally comply with the updates to GO 156. Additionally, the PD unlawfully applies workforce and board diversity requirements on CCAs that will be similarly impossible to meet legally.

Status
CalCCA filed comments pointing out the errors in the Proposed Decision in on 3/1/22. The Proposed Decision is scheduled to be voted on at the Commission’s 4/7/22 Voting Meeting.

Legislative
The 2022 California legislative session has progressed into the first round of policy committee hearings.

On 3/15/22, CCCE staff participated in a CalCCA lobby day that included meetings with leadership and key staff in both houses of the legislature.

AB 1814, a bill sponsored by CalCCA, has been withdrawn by its author and will not advance further this legislative session. AB 1814 would have made CCAs eligible to compete for transportation electrification program funding at the CPUC that is currently collected from all ratepayers (including CCA customers) but only made available to the investor-owned utilities. AB 1814 faced strong opposition from the investor-owned utilities, the Coalition of California Utility Employees, and the California State Association of Electrical Workers, and was withdrawn prior to being heard in its first committee. CCCE will continue working with other CCAs on other bills relevant to CCA issues.

At the federal level, CCCE is working with other CCAs and CalCCA to determine whether the Infrastructure Investment and Jobs Act (IIJA) passed in November 2021 will result in CCAs being eligible to apply for any additional resources. The Build Back Better Act remains before the U.S. Senate. The most important component of this bill for CCCE is the Investment Tax Credit for standalone storage.

There continues to be potential for the climate components of the Built Back Better Act, including the storage ITC, to be broken off and advanced as a separate bill. However, this has not happened yet as of writing.
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Staff Report Item 6
TO: CCCE Operations Board of Directors
FROM: Tom Habashi, Chief Executive Officer
SUBJECT: Authorize the CEO to Execute Data Management and Call Center Services Agreement with Calpine Energy Solutions, LLC for a Three-Year Term and a Not to Exceed Amount of $11,960,000 (Action Item)
DATE: April 13, 2022
RECOMMENDATION:

This recommends that the Operations Board authorize the CEO to execute a three-year Agreement, from October 1, 2022 through September 30, 2025, with Calpine Energy Solutions, LLC (“Calpine”) for data management and call center services in the Pacific Gas & Electric (“PG&E”) and Southern California Edison (“Edison”) service areas, in a Not To Exceed (NTE) amount of $11,960,000.

BACKGROUND:

The Data Manager provides CCCE’s Billing and Accounts Receivable (“AR”) functions. At present, the Data Manager also provides customer call center services to CCCE. The existing contracts with GridX Inc. (PG&E service area) and Calpine (SCE service area) expire September 30, 2022. CCCE issued a Request for Proposals (“RFP”) in late 2021 for a single vendor to serve CCCE’s entire service area. An invitation to submit proposals was distributed to qualified prospective candidates and was made publicly available on the CCCE website. CCCE received three proposals in response to the RFP. After an extensive evaluation process, Calpine received the highest score based on their pricing, proven capabilities, willingness to provide performance guarantees on key operational and data metrics, 3% investment in local communities, and extensive experience providing Billing and AR services to multiple Community Choice Aggregators (“CCAs”) across the PG&E and Edison service areas.

DISCUSSION/ANALYSIS:

The Data Manager provides critical core functions for CCCE – Billing and AR. To the extent it provides Call Center services, it serves as a key touchpoint for CCCE customers. Timely reliable performance in these areas is foundational to financial stability and customer satisfaction. In addition, the data generated by Billing and AR services is foundational to a wide range of key organizational processes and functions. For example:
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 Financial reporting and validation
 Financial forecasting. E.g., cash flow and revenue forecasts  Data Analytics. E.g., customer segmentation, consumption patterns and trends, etc.  Load forecasting and settlements
 Customer outreach
The importance of these processes and functions will only grow over time. Therefore, it is important CCCE team with a reliable experienced partner willing to guarantee performance.

SELECTION PROCESS & RISK MANAGEMENT
Given the importance of the Data Manager, CCCE followed a rigorous selection and contracting process.

The initial RFP proposals were evaluated by an organization-wide team using a multifactor scoring methodology. The methodology scored and ranked respondents, shortlisting two based on their composite score. Shortlisted candidates were interviewed by a CCCE staff panel and given an opportunity to revise their proposals and pricing. Final proposals were evaluated by the organization-wide team and a contract was negotiated with Calpine.

The contract guarantees CCCE will migrate to a single Data Manager for its entire service area on October 1, 2022 – gaining efficiencies of scale by teaming with a single well-capitalized entity. It includes several measures to de-risk operations for CCCE and require Calpine to share risk with CCCE. For example:
 Defined metrics, Key Performance Indicators (KPIs), and Service Level Agreements (SLAs) for billing, data, and call center operations
 Performance guarantees with liquidated damages for key billing and data operations  Cost pass-through if Calpine is unable to deliver a data warehouse on schedule  Independent customer satisfaction survey for Call Center operations  Unlimited data reporting and extracts until targets are met, incentivizing Calpine to meet targets  Software development FTE dedicated to CCCE
Additionally, Calpine will invest 3% of total contract proceeds back into CCCE’s community.

Calpine has over 100 FTEs dedicated to CCAs, part of a broader team of over 300 FTEs. It has successfully completed 22 CCA launches and currently provides data management and call center services for over

3.5 million service accounts across California.

The contract positions CCCE to build out the capability to bring call center and data reporting functions completely in-house.

PROPOSED SERVICES
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A wide range of services will be provided under the contract. These include but are not limited to:
 Transition of all accounts to Calpine from CCCE’s existing PG&E Data Manager by October 1, 2022  Electronic Data exchange with PG&E and SCE
 Customer billing administration, including enrollments, opt-outs, and ongoing billing  Reporting & data extraction
 Consolidated data warehouse to support CCCE’s own reporting and analytics platforms  Customer call center services
 Customer Information System and Customer Relationship Management (CRM) systems  Load forecasting and Settlement Quality Meter Data processing

PROPOSED PRICING STRUCTURE
 Total NTE of $11,960,000
 Flat fee of $25,000/month and variable fee of $0.85/meter/month  Discounts of $2,500,000 over approximately 18 months
 Fee waiver on existing services through October 1, 2022, valued at approximately $300,000  Daily liquidated damages if KPIs and SLAs are not meant, up to $3 million over the life of the contract
 Under certain circumstances, actual damages up to total paid to Calpine  Cost pass-through of up to $1.5 million if data warehouse is not online per contract schedule  Fee discounts if CCCE moves call center operations in-house FISCAL IMPACT:

The proposed Agreement with Calpine for a three-year term and a NTE of $11,960,000 will be included in the budgets for FY2022-23, FY2023-24, and FY2024-25.

CONCLUSION:

The Board’s approval and authorization for the CEO to engage Calpine for data management and call center services across CCCE’s service area is critical to ongoing billing and customer operations. Calpine’s experience and the contract structure help derisk the engagement for CCCE.

ATTACHMENT(S):

1. CCCE Calpine Agreement Executable
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Date: ___________ 1 Contract Number: ______________

CENTRAL COAST COMMUNITY ENERGY

STANDARD SERVICES AGREEMENT
This Agreement is made by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and CALPINE ENERGY SOLUTIONS, LLC (hereinafter “CONTRACTOR”), a California Limited Liability Company with its principal place of business located at 401 West A Street, San Diego, CA 92101. CCCE and CONTRACTOR may be individually referred to herein as “Party” or collectively as “Parties”.

In consideration of the mutual covenants and conditions set forth in this Agreement, the Parties agree as follows:

1. GENERAL DESCRIPTION

1.1. CCCE hereby engages CONTRACTOR to perform, and CONTRACTOR hereby agrees to perform, the services described in Exhibit A in conformity with the terms of this Agreement.

The goods and/or services are generally described as: Data Management and Contact Center Services.

2. PAYMENT PROVISIONS

2.1. CCCE shall pay the CONTRACTOR in accordance with the payment provisions set forth in Exhibit B, subject to the limitations set forth in this Agreement. The total amount payable by CCCE to CONTRACTOR under this Agreement shall not exceed the sum of $11,960,000.

3. TERM OF AGREEMENT

3.1. The term of this Agreement is from October 1, 2022 to September 30, 2025 (“Initial Term”), unless sooner terminated pursuant to the terms of this Agreement. Thereafter, the term of this Agreement shall automatically renew for successive one (1) year terms (each, a “Renewal Term”) unless one Party provides written notice to the other Party at least one hundred and eighty (180) calendar days in advance of the end of the then existing term that it does not wish to renew. This Agreement is of no force or effect until signed by both the CONTRACTOR and CCCE, with CCCE’ execution to be last in time. CONTRACTOR may not commence work under this Agreement before CCCE signs this Agreement.

3.2. CCCE reserves the right to cancel this Agreement, or any extension of this Agreement, without cause with thirty (30) days written notice, or with cause immediately, as per Section 7 of this agreement.

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Date: ___________ 2 Contract Number: ______________

4. SCOPE OF SERVICES AND ADDITIONAL PROVISIONS

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

4.2. Exhibit A: Scope of Services

4.3. Exhibit B: Payment Terms

4.4. Exhibit C: Procedures for Unauthorized Release of Covered Information

4.5. Exhibit D: Data Content and Frequency

5. PERFORMANCE STANDARDS

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

5.2. CONTRACTOR and CONTRACTOR’s agents, employees, and subcontractors shall perform all work in a safe and skillful manner and in compliance with all applicable laws and regulations.

All work performed under this Agreement that is required by law to be performed or supervised by licensed personnel shall be performed in accordance with such licensing requirements.

5.3. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR shall not use CCCE premises, property (including equipment, instruments, or supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement.

6. PAYMENT CONDITIONS

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

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

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

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6.4. CCCE shall certify the invoice for payment in either the amount requested, or in such other amount as CCCE determines is due in conformity with this Agreement. Invoices shall be certified and paid within 30 days of submission to CCCE.

7. TERMINATION

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

7.2. Contractor may terminate this Agreement for good cause effective immediately upon written notice to CCCE. “Good cause” includes the failure of CCCE to make timely payment, which has not
been cured after 30 days written notice of such default. If CONTRACTOR terminates this Agreement for good cause, CONTRACTOR shall be relieved of any and all then-present and future obligations to CCCE.

7.3. Orderly Transition of Services at Termination or Expiration:

7.3.1. Upon notice of expiration or termination, in whole or in part, of this Agreement, CONTRACTOR shall take commercially reasonable steps to ensure an orderly and effective transfer of all data, documents and other materials to CCCE or a new services provider in a timely manner, in an industry standard format or formats, and in a manner such as to attempt to minimize the impact of expiration or termination on CCCE’s customers. (“Transition Assistance”).

7.3.2. The “Transition Assistance Period” shall be mutually determined by CCCE and CONTRACTOR, but in no event longer than 180 calendar days commencing on the sooner of either the expiration of this Agreement or either party’s service of a notice to terminate this Agreement.

7.3.3. CONTRACTOR shall develop with reasonable assistance from CCCE a written transition plan specifying in detail all activities, and the timing of such activities, necessary to facilitate an orderly and effective transition of services (“Transition Plan”). The Transition Plan must be delivered to CCCE within 21 days of receipt of notice of termination. CCCE must affirmatively approve the Transition Plan. If CCCE and CONTRACTOR are unable to mutually agree on the Transition Plan, CCCE shall have the right to withhold payments DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 105 of 137
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under this Agreement until mutual agreement is reached. NOTE under the Transition Plan Contractor shall

7.3.3.1. Provide to CCCE customer data and documentation, and other CONTRACTOR non-proprietary information reasonably requested by CCCE in connection with the transition that is reasonably sufficient to enable a new services provider to fully assume the provision of the transitioning services. CONTRACTOR shall provide transition assistance in such a manner as to attempt to reasonably: (a) ensure the uninterrupted performance of the Services, (b) with no degradation in quality, and (c) to avoid disruption in the operation. If CCCE is the defaulting Party, CCCE agrees to pay CONTRACTOR reasonable compensation for additional services performed in connection with such transfer, to the extent not otherwise provided for or contemplated in the Agreement.

7.3.3.2. Provide to CCCE all information and data in CONTRACTOR’s possession in a format mutually agreed by the Parties, as well as any additional documentation relating to the customer call center services which CONTRACTOR believes may be necessary or useful to enable the orderly and effective transition of such call center services to CCCE or successor contractor.

8. INDEMNIFICATION

8.1. CONTRACTOR shall defend, indemnify and hold harmless CCCE and Its board members. officers, agents, and employees, ("CCCE indemnitee(s}") from any claim, liability, loss, injury or damage to the extent arising out of or resulting from the acts or omissions of the CONTRACTOR, CONTRACTOR’s employees or subcontractors.

8.2. CCCE or the applicable CCCE Indemnitee will provide CONTRACTOR with prompt notice of any claim described in this Section and control of the defense, using counsel reasonably acceptable to CCCE. CONTRACTOR will consult with CCCE regarding the defense of any claim and will not settle such claim without the consent of CCCE, which consent shall not be unreasonably withheld.

9. INSURANCE REQUIREMENTS

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

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

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

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

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

9.6. Professional Liability Insurance, if required for the professional services being provided, (e.g., those persons authorized by a license to engage in a business or profession regulated by the California Business and Professions Code), in the amount of not less than $1,000,000 per claim and $2,000,000 in the aggregate, to cover liability for malpractice or errors or omissions made in the course of rendering professional services. If professional liability insurance is written on a “claims-made” basis rather than an occurrence basis, the CONTRACTOR shall, upon the expiration or earlier termination of this Agreement, obtain extended reporting coverage (“tail coverage”) with the same liability limits. Any such tail coverage shall continue for at least three years following the expiration or earlier termination of this Agreement.

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

9.8. Commercial general liability and automobile liability policies shall include CCCE, its Directors, Board members, officers, agents, and employees as Additional Insureds with respect to liability arising out of the CONTRACTOR’s work in this Agreement, and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by CCCE.

10. RECORD AND CONFIDENTIALITY

10.1. CONTRACTOR and its officers, employees, agents, and subcontractors shall comply with any and all federal, state, and local laws, which provide for the confidentiality of records and other information. CONTRACTOR shall not disclose any confidential records or other confidential information received from CCCE or prepared in connection with the performance of this Agreement, unless CCCE specifically permits CONTRACTOR to disclose such records or information. CONTRACTOR shall promptly transmit to CCCE any and all requests for DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 107 of 137
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disclosure of any such confidential records or information. CONTRACTOR shall not use any confidential information gained by CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out CONTRACTOR’s obligation under this Agreement.

10.2. Confidential Information specifically includes Covered Information (as defined in Exhibit C), including Protected Personal Information (“PPI”) that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer, household, or customer account. All such Covered Information and PPI must fully be protected from disclosure as set forth in California Public Utility Commission Decision D.1208.045. In the event of an unauthorized release of Covered Information and PPI, CONTRACTOR shall comply with Exhibit C, Procedures for Unauthorized Release of Covered Information.

10.3. Upon expiration or termination of this Agreement, CONTRACTOR shall return to CCCE any CCCE records which CONTRACTOR used or received from CCCE to perform services under this Agreement.

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

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

10.6. CONTRACTOR owns all rights in and to any of the following work product (including electronic equivalents) without restriction or limitation upon their use, and immediately when and as created by CONTRACTOR or any other person engaged directly or indirectly by CONTRACTOR to perform CONTRACTOR’s services pursuant to this Agreement including:
proprietary information contained in reports, CONTRACTOR data (excluding CCCE Data), software, models, and templates (collectively “Work Product”).

10.7. CONTRACTOR shall be deemed to be the author of the Work Product for purposes of copyright, trademark and patent. CONTRACTOR hereby assigns to the CCCE a perpetual license to use the reports generated by CONTRACTOR for the CCCE.

10.8. As between the Parties, CCCE owns all right, title and interest in and to all CCCE Data.

Upon the expiration of this Agreement, or in the event of termination, CCCE Data, in whatever DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 108 of 137
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form and in any state of completion, shall remain the property of CCCE and shall be promptly returned to CCCE. Upon termination, CONTRACTOR may make and retain a copy of such contract materials if permitted by law. Notwithstanding the foregoing, CCCE recognizes that some residual copies of all or part of CCCE Data may reside on CONTRACTOR servers coincident to system backups (“Residual Backups”) and the existence of same shall not be deemed to violate this Agreement, provided that (i) CONTRACTOR does not utilize such copies for its own economic benefit in the marketplace and (ii) CONTRACTOR maintains the confidentiality thereof in accordance with applicable laws.

10.9. “CCCE Data” refers to all data and information provided, collected, or produced on CCCE behalf in connection with the services provided under this Agreement; including, but not
limited to, confidential personally identifiable information or utility customer data protected under state privacy laws, billing data, usage data, SQMD, enrollment information, contact history, and any other confidential or proprietary information that relates to current, prospective, or former CCCE customers.

11. NON-DISCRIMINATION

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

12. INDEPENDENT CONTRACTOR

12.1. In the performance of work, duties, and obligations under this Agreement, CONTRACTOR is at all times acting and performing as an independent contractor and not as an employee of CCCE. No offer or obligation of permanent employment with CCCE and CONTRACTOR shall not become entitled by virtue of this Agreement to receive from CCCE any form of employee benefits including but not limited to sick leave, vacation, retirement benefits, worker’s compensation coverage, insurance or disability benefits. CONTRACTOR shall be solely liable for and obligated to pay directly all applicable taxes, including federal and state income taxes and social security, arising out of CONTRACTOR’s performance of this Agreement. In connection therewith, CONTRACTOR shall defend, indemnify, and hold CCCE harmless from any and all liability which CCCE may incur because of Contractor’s failure to pay such taxes
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13. NOTICES

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

Central Coast Community Energy Calpine Energy Solutions, LLC Chief Financial Officer Attn: Legal Dept.
70 Garden Court, Suite 300 401 West A Street, Suite 500 Monterey, CA 93940 San Diego, CA 92101

14. MISCELLANEOUS PROVISIONS

14.1. Conflict of Interest. CONTRACTOR represents that it presently has no interest and agrees not to acquire any interest during the term of this Agreement, which would directly, or indirectly conflict in any manner or to any degree with the full and complete performance of the services required to be rendered under this Agreement. Notwithstanding anything in the foregoing to the contrary, however, CONTRACTOR is not prohibited from conducting its business with potential customers in CCCE territory, either due to a business opportunity already known to CONTRACTOR as of the date of this Agreement, or made known to CONTRACTOR, other than through CCCE, in the ordinary course of CONTRACTOR’s business. For the avoidance of doubt, any information, including but not limited to customer names, usage, data, etc., that CONTRACTOR knows of, learns of or is provided to CONTRACTOR by a third party in the ordinary course of CONTRACTOR’s business other than the performance of the services under this Agreement shall not be deemed to be confidential information for purposes of this Agreement, even if it is the same or similar information such as would be confidential information, if provided to CONTRACTOR pursuant to this Agreement.

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

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

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

14.5. Disputes. CONTRACTOR shall continue to perform under this Agreement during any dispute, and CCCE shall continue to make timely payment hereunder.

14.6. Assignment and Subcontracting.

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14.6.1. Assignment. CONTRACTOR may assign this Agreement (without consent} to a surviving entity in the case of a merger, acquisition, change of control or sale of substantially all its assets or voting stock. If CCCE determines in its sole discretion, acting reasonably, that such an assignment is contrary to its business Interests, CCCE may terminate this Agreement on 60 days written notice.

14.6.2. Subcontracting. Contractor will not subcontract the Services, or any portion thereof, without the prior written consent of CCCE In each instance (where such consent is granted, such subcontractor is a "Permitted Subcontractor"). As of the Effective Date of this Agreement, CCCE consents to CONTRACTOR subcontracting with Energy Choice California.

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

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

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

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

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

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

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

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

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

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

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

14.17. LIMITATION ON DAMAGES

14.17.1 UNLESS OTHERWISE AGREED BY THE PARTIES IN A

STATEMENT OF WORK, BUT THEN LIMITED ONLY TO THE EXTENT THEREOF

FOR SUCH STATEMENT OF WORK, DAMAGES SHALL BE LIMITED AS FOLLOWS:

14.17.1.1 FOR ANY BREACH OF THIS AGREEMENT, DAMAGES

SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY, AND SUCH

DIRECT, ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE
REMEDY FOR DAMAGES, AND ALL OTHER DAMAGES ARE WAIVED.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY

INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF A PARTY’S PERFORMANCE OF THIS

AGREEMENT, INCLUDING LOST PROFITS OR BUSINESS INTERRUPTION

DAMAGES, WHETHER BASED ON STATUTE, CONTRACT, TORT, UNDER

ANY INDEMNITY (EXCEPT AS EXPRESSLY PROVIDED HEREIN ABOVE)

OR OTHERWISE, WITHOUT REGARD TO CAUSE OR THE NEGLIGENCE

OF ANY PARTY, WHETHER SOLE, JOINT, ACTIVE OR PASSIVE, AND

EACH PARTY HEREBY RELEASES THE OTHER PARTY FROM ANY SUCH

LIABILITY, EVEN IF DURING THE TERM HEREOF IT ADVISES THE OTHER OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ANY

DAMAGES REQUIRED TO BE PAID HEREUNDER ARE LIQUIDATED, THE

PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR

IMPOSSIBLE TO DETERMINE, OR OTHERWISE OBTAINING AN

ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES

CALCULATED HEREUNDER CONSTITUTE A REASONABLE
APPROXIMATION OF THE HARM OR LOSS. IN NO EVENT SHALL
EITHER PARTY’S MAXIMUM LIABILITY TO THE OTHER UNDER THIS

AGREEMENT EXCEED THE GREATER OF THE TOTAL CONTRACTED
VALUE FOR THE SERVICES PROVIDED HEREUNDER. THIS SECTION

14.17.1 SHALL APPLY TO THE EXTENT PERMITTED BY LAW.

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14.17.1.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY

HEREIN, CONTRACTOR WILL REIMBURSE CCCE FOR CAISO CHARGES

ASSESSED TO AND PAID FOR BY CCCE DUE TO THE LATE SUBMISSION OF ACTUAL SQMD RESULTING FROM CONTRACTOR’S FAILURE TO
SUBMIT SUCH DATA TO THE CAISO, OF UP TO $1,000 PER
OCCURRENCE.

14.17.1.3 THE FOREGOING LIMITATIONS SHALL NOT APPLY TO

ANY THIRD PARTY CLAIMS OR LIABILITIES ARISING FROM A BREACH

OF THE CONFIDENTIALITY AND DATA SECURITY PROVISIONS OF
SECTION 10 OF THIS AGREEMENT NOR TO THIRD PARTY CLAIMS OR LIABILITIES UNDER THE INDEMNITY PROVISIONS OF ARTICLE 8.

14.18. Force Majeure. Except for payment obligations, if either Party is rendered unable, wholly or in part, to perform its obligations under this Agreement due to Force Majeure, to the extent affected by the Force Majeure the obligations of each Party will be suspended for the duration of such Force Majeure. A Party claiming Force Majeure shall promptly notify the other Party by telephone and confirm within a reasonable period of time by a written notice describing in reasonable detail the nature and estimated duration of such Force Majeure. The Party claiming Force Majeure shall remedy the Force Majeure with all reasonable dispatch. If the duration of the Force Majeure event exceeds thirty (30) days, the Party not claiming Force Majeure may terminate the affected portions of any services upon written notice to the other Party. Any termination due to Force Majeure will not be subject to an early termination payment. “Force Majeure” means events or circumstances, beyond the reasonable control of a Party and not caused by the negligence of such Party, which prevent that Party from performing its obligations under this Agreement, and which the Party claiming Force Majeure is unable to avoid or prevent through the exercise of due diligence. Force Majeure shall include, without limitation, acts of governmental entities that make performance impractical, illegal or impossible.

SIGNATURE OF THE PARTIES:

CALPINE ENERGY SOLUTIONS, LLC Central Coast Community Energy BY:________________________________ BY:________________________________ Tom Habashi
Title: CEO
Date: ____________________________ Date: ____________________________ DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 Sr. Vice President
Drake Welch
4/5/2022
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Approved as to Form
BY:________________________________
Brian Kimball
General Counsel
Date: ____________________________
Approved as to Financial Terms
BY:_________________________________
Jaya Bajpai
Chief Financial Officer
Date: _____________________________
DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 Dave Wheeler
4/5/2022
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Exhibit A: Scope of Services
In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:
1) Electronic Data Exchange Services:
a. Process CCCE Service Requests (CCASRs) from/to the IOU, which specify the changes to a customer’s choice of services such as enrollment in CCCE programs, customer initiated returns to bundled utility service or customer-initiated transfer to direct access service (814 Electronic Data Interchange Files) within 24 hours of receipt. b. Obtain all available customer usage data, including hourly interval usage data at billing level quality, to accurately shadow bills of rate ready customers and perform reconciliation with IOU billing records (867 Electronic Data Interchange Files/EDI 248 or similar data files).
c. Maintain and communicate the amount to be billed by the IOU for generation services provided to bill ready customers (810 Electronic Data Interchange Files) within the billing window 99% of the time.
d. Receive and maintain data related to payment transactions toward CCCE charges from the IOUs after payment is received by the IOUs from customers (820 Electronic Data InterchangeFiles).
e. Process CCASRs/EDI 814s with the IOUs, when customer’s status, information, or billing determinants change within one business day of receipt. f. Process and maintain EDI 997s and EDI 824s in a timely manner. g. Maintain shadow billing of the amount to be billed by the IOU for services provided to CCCE customers on rate ready billing and work with the IOU and CCCE to identify and correct any detected mismatches between the shadow bill and delivered bill. Take all steps to correct 99% of detected mismatches within 2 billing cycles. 2) Customer Information System:
a. In alignment with the Data Manager Transition Plan, but no later than October 1, 2022, Contractor will provide an operational Customer Relationship Management System that will transfer all currently held CRM data and provide an operational Customer Information System that can be segmented and organized by rate tariff, industry sector, and jurisdiction at the time of enrollment.
b. By October 1, 2022 provide a customer facing portal that allows CCCE customers to view usage and bills across CCCE service area
c. Allow CCCE to have functional access to the Customer Relationship Management system (“CRM”) to add customer interactions and other account notes at the time of enrollment. d. Allow CCCE to view customer email or written letter correspondence within the CRM. e. Allow CCCE to view or create reports within the CRM. f. Maintain and provide as needed historical usage data on all customers, to the extent provided by the IOUs, for a time period equal to the lesser of either (a) the start of service to present or (b) three years. Should IOUs make interval data available via a different method than EDI867 files, Contractor will work with CCCE to establish a process to retrieve such data.
g. Maintain viewing access, available to appropriate CCCE staff, to view IOU bills for CCCE DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 115 of 137
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customers through the CRM after parsing IOU provided bulk files by customer account within one business day of receiving IOU bills.
h. Maintain accessible archive of billing records for all CCCE customers from the start of CCCE service or a period of no less than three years.
i. Maintain and communicate as needed record of customers who have been offered service with CCCE but have elected to opt out, either before or after starting CCCE service. j. Maintain and communicate as needed records of Net Energy Metering credits and generation data for customers to be posted on bills and settled as per CCCE’s Net Energy Metering policy.
k. When requested by CCCE, place program charges on the relevant customer account, referenced by its unique identifier.
l. Identify customers participating in various CCCE programs in database. m. Include various program payment information in all relevantreports. n. Perform quarterly CCCE program reviews to assess appropriate customer charge level. o. Maintain all customer data according to uniform CCCE customer privacy policy and the requirements of relevant California Public Utilities Commission Decisions including D.12- 08-045.
p. Maintain a uniform Data Management Provider Security Breach Policy. 3) Customer Call Center:
a. Provide option for IVR self-service and track how many customers start and complete self-service options without live-agent assistance. b. During enrollment periods, staff a call center between the hours of 8 AM and 5 PM PT Monday through Sunday, excluding CCCE, IOU, and Contractor holidays. c. During non-enrollment periods, staff a call center between the hours of 8 AM and 5 PM PT Monday through Friday, excluding CCCE, IOU, and Contractor holidays. d. Provide sufficient call center staffing to meet the requirements set forth herein, including designating at least two (2) CCCE specific agents, to the extent needed to provide for full call center functionality, and a call center supervisor that will serve as the main point of contact between CCCE and the customer call center staff. e. Provide sufficient number of Contractor staff available to manage escalated calls between the hours of 8 AM and 5 PM PT Monday through Friday, excluding CCCE, IOU, and Contractor holidays, including staff who have experience to resolve escalated CCA customer-specific questions related to metered usage, CCA rates including NEM, account status, payments, and program participation.
f. Adhere to the following performance standards during Non-enrollment Periods:
i. A minimum of 80% of all calls will be answered within 45 seconds. ii. 100% of voicemail messages answered within one (1) business day. iii. 100% of emails receive an immediate automated acknowledgement. iv. 95% of emails receive a customized response within one (1) business day. v. 100% of emails receive a customized response within three (3) business days. vi. Achieve a no greater than 5% abandon rate for all calls. vii. Achieve an average customer satisfaction score of at least 80% in independent voluntary customer surveys.
g. Adhere to the following performance standards during Enrollment Periods:

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i. A minimum of 75% of all calls will be answered within 60 seconds. ii. 100% of voicemail messages answered within one (1) Business Day. iii. 100% of emails receive an immediate automated acknowledgement. iv. 95% of emails must receive a customized response within one (1) business day. v. 100% of emails must receive a customized response within three (3) business days. vi. Achieve a no greater than 10% abandon rate for all calls. h. Contractor shall provide monthly reports, which will demonstrate whether these performance standards have been met.
i. Provide callers with the estimated hold time, if applicable. Provide an automated ‘call back’ option for callers who will be put on hold for an estimated five minutes or longer. j. Record all inbound calls and make recordings available to CCCE staff upon request.

Maintain an archive of such recorded calls for a minimum period of 24 months. k. Track call center contact quality with criteria including:
i. Use of appropriate greetings and other call center scripts ii. Courtesy and professionalism
iii. Capturing key customer data
iv. Providing customers with correct and relevant information v. First-contact resolution
vi. Accuracy in data entry and call coding
vii. Grammar and spelling in written communications (email and chat) l. Evaluate customer satisfaction through voluntary customer surveys that ask general questions about call quality, call resolution, and how satisfied the customer was with the service received.
m. Receive calls from CCCE customers referred to Contractor by IOUs and receive calls from CCCE customers choosing to contact Contractor directly without referral from IOUs. n. Provide the call center number on IOU invoice allowing CCCE customers to contact the call center. Request and/or confirm current email, mailing address, and phone number of customers and add to or update database during inbound call. o. Request permission (via voice recording, email request, or electronic form submittal) from customers to send electronic correspondence instead of printed mail. p. Respond to telephone inquiries from CCCE customers using a script developed and updated quarterly by CCCE. For questions not addressed within the script, refer inquiries either back to the IOUs or to CCCE.
q. Respond to customer inquiries within 24 hours, excluding weekends and holidays, including inquiries received either through telephone calls, email, or web-portal. r. At CCCE’s request, coordinate with IOUs to participate in contact center reviews up to once per calendar year.
s. Ensure monthly status reports are provided during the first week of each month. t. Provide weekly status reports during Statutory Enrollment Periods. u. Use commercially reasonable efforts to make Spanish speaking call center staff available to customers during the hours of 8 AM and 5 PM PT Monday through Friday, excluding CCCE, IOU, and Contractor holidays.
v. Provide translation services for inbound calls for the following languages: Spanish, Mandarin, and Tagalog.
w. Create and maintain web forms that allow customers to change their account status or DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 117 of 137
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enroll in or opt out of various CCCE programs. These program changes will be integrated into the Customer Relationship Management system during an hourly sync process. x. Host CCCE bi-monthly meetings with data and call center management on a mutually agreed to cadence.
y. Forward inbound calls regarding matters under the control of CCCE, to CCCE. Forward inbound calls regarding matters under the control of the IOUs, to them. z. Capture customer communication in CRM in accordance with a protocol for receiving and responding to customer complaints, including a tracking and reporting process. Contractor shall inform CCCE of its protocol for its review within sixty (60) calendar days of execution of this Agreement.
aa. Upon mutually agreed to timelines, provide mailing/contract lists of the customers upon request for CCCE driven customer communication. If Contractor and CCCE cannot agree upon timelines, Contractor will provide consolidated mailing lists no less than monthly. 4) Billing Administration:
a. Review application of CCCE rates to customer accounts to ensure that rates are properly applied to such accounts.
b. Maintain a table of rate schedules offered by CCCE (both historical and current) to its customers.
c. Send certain CCCE program charges for non-CCCE customers, when supported by IOUs, based on information provided to Provider by CCCE.
d. Send certain CCCE loan program charges as a separate line item to IOUs for placement on monthly bills during term of repayment.
e. Apply IOU account usage for all CCCE customers against applicable CCCE Rate Schedules to allow for customer billing.
f. Review application of CCCE Rate Schedules to IOU accounts to ensure that the proper rates are applied to the accounts.
g. Submit timely billing information for each customer to the IOUs to meet their respective billing window.
h. Use commercially reasonable efforts to remedy billing errors for any customer in a timely manner, no more than two billing cycles.
i. Assist with settlement process for Net Energy Metering customers on monthly and annual basis by identifying eligible customers, providing accrued charges and credits, and providing mailing list to CCCE designated printer.
j. Provide customer mailing list to CCCE designated printer for new move-in customer notices and opt out confirmation letters routinely within 7 days of enrollment or opt out. k. Provide customer mailing list to CCCE designated printer for customers with overdue payments and return customers to IOU bundled service in accordance with CCCE’s late payment policy and CCCE’s uniform collections policies. l. Contractor will adhere to the following performance standards for this service:
i. 99% billing accuracy. For the avoidance of doubt, accuracy in the context of rate ready is defined as confirmation of accurate rate applications and calculations. Any mismatches would be raised with the applicable Investor Owned Utility within 2 business days and commercially reasonable efforts would be made to resolve them completely within 2 billing cycles.

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ii. 99% billing timeliness. For the avoidance of doubt, timeliness in the context of bill ready bills means accurate bill calculations are delivered before the close of the bill window.
m. Rate Ready Service
i. Rate ready will be the default billing method for customers with the exception of Net Energy Metering customers and some large commercial customers, as defined by CCCE and supported by the IOUs. The rate ready billing will be the default method through the end of this contract unless otherwise directed by CCCE. ii. Calpine will publicly and materially support any efforts by CCCE to promote rate ready billing in Southern California Edison territory, including but not limited to providing expert witness support and technical support in regulatory and other venues.
iii. Maintain a table of rate schedules (both historical and current) offered by CCCE to its customers for use in shadow billing and provide to PG&E and SCE for use in billing. iv. Monitor pending PG&E and SCE rate changes, and adjust CCCE rates to maintain relative rate levels, subject to CCCE approval.
v. Assist with settlement process for Net Energy Metering customers on an annual basis and monthly basis by identifying eligible customers, ensuring that PG&E and SCE provides accrued charges and credits, and providing mailing list to CCCE designated printer.
5) Rate Schedule Maintenance
a. Maintain a table of Rate Schedules, offered by CCCE to its customers, within Contractor’s billing system.
b. Complete Value Only Rate Changes within 10 business days, excluding holidays, once Contractor has confirmed it is in receipt of a valid Rate Template. c. Complete Structural Rate Changes within 40 business days, excluding holidays, once Contractor has confirmed it is in receipt of a valid Rate Template. d. A Rate Template will be considered valid if it meets the expected formatting requirements as set forth by Contractor and acknowledged by CCCE, and the Rate Schedules it contains align with published CCCE rate schedules. Upon receipt of a Rate Template, Contractor will review it per these guidelines and after CCCE has corrected any errors, if present, Contractor will communicate to CCCE that a valid Rate Template has been received and work will commence as per the timelines indicated above. e. Should CCCE submit updates after Contractor has begun work on a valid Rate Template, CCCE understands this may be considered a new Rate Change. 6) Reporting:
a) Contractor will provide the following reports to CCCE:

Report Frequency Delivery Method
Aging Weekly, Monthly SFTP
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Call Center Statistics Weekly, Monthly,
Quarterly, Annual
Email
Cash Receipts Weekly, Monthly SFTP
Invoice Summary Report Weekly, Monthly SFTP
Days To Invoice Weekly, Monthly SFTP
Program Opt Up with Address Self-service Contractor CRM Utility User Tax where applicable Monthly SFTP
Monthly Transaction Summary Monthly SFTP
Enrollment Report by TOT and
Rate Class
Weekly, Monthly,
Quarterly, Annual
SFTP
Opt Out with Rate Class Self-service Contractor CRM
Retroactive Returns Monthly Email
Sent to Collections Monthly Email
Customer Account Snapshot Weekly SFTP
Customer Account Snapshot with
Addresses
Weekly SFTP
Unbilled Usage Monthly SFTP
Full Volume Usage by Rate Class Monthly SFTP
Invoiced vs Billed Reconciliation Monthly SFTP
4013 Reconciliation Monthly SFTP
Exception Handling Weekly, Monthly SFTP
Billing Report Monthly SFTP
Historical Data Reporting per
TOT, Rate, and NEM/Non-NEM
Breakdown
Daily, Monthly SFTP
Performance Standards Monthly Email
Cost Savings Report for Specific
Customers
As needed Email
Billing Details on Specific
Customers
As needed Email
Cost Savings per TOT, Customer
Sector (Comm/ag/res), and
Municipal Account
As needed Email
Opt out load report Weekly SFTP
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b) Contractor shall create customized reports as requested by CCCE. CCCE understands that certain requests for customized reports may require back-end system customization.

Back-end system customization is defined as material changes to Contractor’s operational data system and/or data warehouse schema and data management processes. Such back-end system configuration shall be considered an Additional Deliverable as outlined is Exhibit B, Section REFERENCE and subject to such additional Labor Rate Fees. a. Prior to beginning work on any such back-end system configuration or any other Additional Deliverable, Contractor shall provide CCCE a written estimate of hours to complete the request. Further, Contractor shall not begin work for any back-end system configuration or any other Additional Deliverable without written approval from CCCE.
b. Customized and ad hoc reports or extracts that do not require back-end system configuration shall be completed within 5 business days, or another mutually agreed timeline.
c. Errors in customized reports must be resolved within 2 business days of notification, unless mutually agreed due to the complexity of issue in development and/or testing. c) There will be no limit on the number, type or scope of customer reports requested by CCCE until Contractor’s Data Warehouse, as referenced in Section 11, has been made available to CCCE and in a stable production environment for a minimum of 2 months and performed to CCCE’s reasonable satisfaction. CCCE shall affirmatively notify Contractor of acceptable performance, ending the period of unlimited customer reports described herein.
d) Contractor shall provide a personnel list with personnel that are assigned to support CCCE.

Contractor shall update the personnel list and provide it to CCCE at least monthly, with the goal of whenever a change is made.
e) Contractor shall make commercially reasonable efforts to collaborate with CCCE’s accounting service provider, to assist CCCE with the consolidation of data provided in Section 6a.
f) Provider shall also assist CCCE, as needed, in compiling various customer sales and usage statistics that may be necessary to facilitate CCCE’s completion of requisite external reporting activities. Such statistics will likely include annual retail sales statistics for CCCE customers, including year-end customer counts and retail electricity sales (expressed in kilowatt hours) for each retail service option offered by CCCE. In addition, provider must be able to provide a range of requested reports for customers including, but not limited to, individual customers/service agreement ID, member agencies, and the entire territory (hourly and aggregated at TOU brackets).
7) Settlement Quality Meter Data:
a. Contractor shall provide CCCE or CCCE's designated Scheduling Coordinator ("SC") with Settlement Quality Meter Data ("SQMD") as required from SC's by the California Independent System Operator (“CAISO”).
b. Contractor shall obtain historical usage data for enrolled CCCE customers, from IOUs, and DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 121 of 137
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utilize for estimation in SQMD process. In the absence of current historical usage, CCCE will provide Contractor with default usage.
c. Upon CCCE's request, Contractor shall submit the SQMD directly to the CAISO on behalf of CCCE or CCCE's designated SC.
d. CCCE agrees that Contractor shall have no responsibility for any charges or penalties assessed by the CAISO associated with the SQMD under an indemnity or otherwise. e. Contractor shall prepare the SQMD in accordance with Prudent Utility Practice, however, Contractor hereby disclaims in advance that any representation is made or intended that the SQMD is necessarily complete, or free from error.
f. Provider shall strive for the discrepancy between ESQMD and ASQMD to be less than 2% monthly. For months where the discrepancy exceeds 2%, Provider will be required to conduct a root-cause analysis and provide a written report as to the factors causing such a discrepancy along with recommendations for how to correct on a going forward basis. In the event Provider is asked to implement its emergency transition plan and start servicing the CCCE’s PG&E territory customer base on an expedited timeline, Provider will make commercially reasonable efforts to minimize the variance between ESQMD and ASQMD.

CCCE acknowledges and understands that not all AMI data feeds may be available from PG&E to Provider under such an expedited transition and that lack of AMI data and/or reliance on PG&E-provided load profiles to calculate SQMD values could result in variances greater than 2%. As a result, and under those circumstances only, Provider will be exempt from the otherwise applicable requirements noted in this section. g. Contractor shall compare the ASQMD usage with billed usage to identify any material discrepancies between billing and submitted ASQMD data. If such discrepancies occur and exceed 2%, Contractor shall provide CCCE with a root-cause analysis of the discrepancy and identify ways to resolve the discrepancy.
8) Rate Validation
a. Provider must be able to provide support during rate changes, such as validation of rate factors, and be available to provide ad hoc answers and feedback for questions and concerns over rate updates.
b. Provider must also be able to provide support when discussing Rate projects and issues with the IOUs.
9) Ad-hoc Projects and Reporting
a. Provider will be expected to provide the necessary support - leading up to, during implementation, and after launch - of ad-hoc projects. Projects include program implementation, development of dashboards (both internal and external), dispersal of funds, and changes to rate structures (RR implementation, NEM structure changes, move to cost-of-service ratemaking, etc.)
10) Additional Support Services
a. Support for Cost-of-Service Rate Design
i. Contractor shall use commercially reasonable efforts to support CCCE in a Cost-of-Service rate design effort for the SCE territory.

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b. Timely Communication to CCCE Staff
i. Contractor will provide prompt and timely communication to CCCE staff on all issues that affect the services Contractor provides to CCCE and will ensure CCCE staff receive communications at the same time as any other CCA clients supported by Contractor.
c. Contractor will share its annual planned maintenance calendar on or around January 2 of every calendar year except when that has not been set, whereupon it will be shared as soon as it is finalized.
d. Contractor will inform CCCE at least monthly of any changes to the planned maintenance calendar and of any planned system updates resulting in downtime to its data warehouse environment.
e. Contractor will make commercially reasonable efforts to inform CCCE of any unplanned outages within 4 hours of identifying the outage.
11) Contractor Data Warehouse
a. Establish a data warehouse environment comprised of data related to the services provided by Contractor under this Agreement. A production environment will be made available to CCCE no later than the schedule below:
i. SCE territory data environment was launched in December 2021 ii. PG&E territory data environment will be available by 10/10/2022 iii. Combined PG&E and SCE views will be available by 11/21/2022 b. Provide CCCE staff access to query the data warehouse environment no later than the schedule established in 11.a above. Time is of the essence. c. Contractor expressly acknowledges access to and use of Contractor Data Warehouse in a stable production environment is central to CCCE’s ongoing business and operations.

Contractor further acknowledges availability of Contractor Data Warehouse and support of CCCE’s analytics platform was a material consideration in the award of this contract.

Contractor agrees to reimburse CCCE for any damages incurred by CCCE due to delays in making Contractor Data Warehouse available in a stable production environment for a minimum of two months including but not limited to third-party costs incurred by CCCE. d. In the absence of the Contractor Data Warehouse or adequate data within the Contractor Data Warehouse, Contractor may propose alternative methods to access the data, developed at Contractor’s own cost. CCCE will have sole discretion to accept or decline any alternative. If Contractor is unable to propose alternatives that meet CCCE’s needs in CCCE’s reasonable discretion, CCCE will have the right to its payments under this contract by an amount not to exceed $1.5 million.
e. Based on mutually agreed upon requirements and timelines, develop recurring data exports from Contractor’s data warehouse environment to CCCE’s data warehouse.

Exports will occur no less than every business day.
f. Contractor will use commercially reasonable efforts to load data no less than each business day upon receipt and processing of the data by Contractor. For instances where a sync could fail or some other unexpected technical issue causes a delay in the data load, the timeline can be extended to the next business day. Contractor will notify CCCE of any delay in the data sync that causes the timeline to be extended to the next business day.

Notice will be provided within 4 hours of Contractor becoming aware of the issue.

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g. Data made available in Contractor’s data warehouse will include but not be limited to:
i. AMI usage data includes quality tags (e.g. raw, confirmed, revenue, etc.) to the extent it is provided by the IOUs through their EDI 867 files or other data sharing platforms as applicable.
ii. Customer account information and characteristics from the customer list and 4013 provided by the IOUs and supplemented by the following data from CRM and CIS:
• CCCE participation history,
• Product elections (e.g. base product and premium product), • CCA rate schedule,
• Contractor will make reasonable efforts to provide additional characteristics requested by CCCE.
iii. Billing data from Contractor’s CIS.
iv. Initial and Final SQMD submission data
v. Non-AMI load data (e.g. unmetered lighting, opt-out AMI, etc.) h. Contractor may, from time to time and at its sole discretion, update the functionality available in the data warehouse which may include, among others, adding or maintaining data visualizations, self-service reporting tools, and self-service analytical tools. The contractor will notify CCCE within 24 hours of updating the data warehouse functionality. i. Contractor will make data warehouse information available to the client via an Application Program Interface (API).
j. Contractor will make the API instance available to query SCE territory data by 8/29/2022 and PG&E territory data by 10/10/2022.
k. Contractor will maintain Contractor Data Warehouse API backwards compatibility for a minimum of 2 versions. Contractor will provide CCCE with a testing environment to ensure compatibility prior to release of new features.
l. Contractor may, at its sole discretion, engage with CCCE and other Contractor clients to solicit their input on desired functionality, data elements, and system design as it pertains to the development, maintenance, and evolution of its data environment. m. Contractor will provide technical support to access the data warehouse and documentation describing the data. CCCE will provide staff with technical database expertise to engage with Contractor in the implementation and use of the data warehouse.
n. Contractor will dedicate one Full Time Employee (FTE) to supporting its CCCE instance of the Contractor Data Warehouse, associated API, and support requests for the life of the contract unless otherwise mutually agreed upon. Upon request, Contractor will provide CCCE with the name of the FTE supporting CCCE and an itemized list of their CCCE-related work.
o. The data warehouse and API access will be available for CCCE access and utilization 99% of the time outside of scheduled maintenance, measured as a percentage of 8760 hours per year. Failover or backup instances will be made available during scheduled outages, unless otherwise mutually agreed upon. Contractor will promptly notify CCCE of outages and provide monthly reporting on availability. Prompt notification will be considered to be notification within 4 hours or less of Contractor identifying outages. p. Data in the data warehouse will be updated no more than one business day after it is updated by its source, such as the IOUs. The regular schedule of Contractor and IOU DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 124 of 137
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data updates will be attached to this contract as Exhibit D and will be updated no less than annually by mutual agreement. Contractor shall notify CCCE of data update failures and delays within 2 hours of identifying such failures and delays, regardless of cause, Contractor will provide a new schedule for the data to be updated within 6 hours of first identifying failures or delays, or as soon as possible if the delay is due to a problem in IOU systems. Contractor will make commercially reasonable efforts to update the data within 1 business day.
q. Contractor warrants and guarantees that all data in the data warehouse has been through a rigorous quality control process and is accurate and not subject to revisions, except for those revisions made by IOUs. Contractor warrants and guarantees that its quality control process detects and rejects outliers in data provided by IOUs. Contractor will provide monthly reporting on revisions made by IOUs and revisions made by Contractor in a format and specification acceptable to CCCE.
r. Contractor will provide CCCE with comprehensive and clear documentation on accessing and using the data warehouse, including but not limited to a developer manual, API specifications, and data dictionary. Initial documentation must be provided no later than 20 business days before Contractor makes the data warehouse available to CCCE in a test environment. All documentation must be updated within 5 business days of changes to Contractor’s data warehouse.
s. Contractor will promptly notify CCCE of any failures, errors, delays, service degradation, or service interruptions to the data warehouse or to Contractor’s operational data systems.

CCCE must be notified no more than 4 hours after Contractor identifies the problem.

Contractor must provide an estimated timeline for resolution within 6 hours of identifying the problem. Contractor will use commercially reasonable efforts to resolve the problem within 1 business day. If the problem cannot be resolved in 1 business day, Contractor must provide twice daily updates on resolution progress and timelines. Should the problem not be resolved within 3 business days, CCCE will have the right to deem the data warehouse absent and unavailable, as defined in 11(d) above and, at its discretion, either pursue the remedies in 11(d) or reduce Contractor’s monthly fees by 2% per day of delay. t. Contractor warrants and guarantees that it will provision adequate hardware and software resources to support CCCE’s data needs. Successful query and data execution will be the metric used to monitor this and is defined as the error-free transmission of data to CCCE’s systems from the time the query or data export request is made by CCCE. Minimum standards for CCCE query and data export are as follows, which shall be adjusted by mutual agreement for complex queries or return of large data sets:
i. 75% must be successfully completed in 5 minutes or less ii. 85% must be successfully completed in 15 minutes or less iii. 95% must be successfully completed in 60 minutes or less iv. 100% must be successfully completed in 90 minutes or less 12) Forecasting
a. Develop and implement a short-term load forecasting service to support CCCE’s operations in accordance to the following:
i. Load forecast is primarily intended to inform CCCE’s day-ahead schedules.

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ii. Load forecasting regression model will use loss-adjusted meter data, weather data, load profile type per meter, and meter counts per load profile type for CCCE’s customers.
iii. Loss-adjusted meter data will be sourced from the EDI 867 AMI load data provided by the IOUs, or other available data source.
• The model will be seeded with loss-adjusted meter data sourced from the best available historical data as provided by the IOUs and/or CCCE to Contractor.
• Any meter data gaps resulting from a lack of available data from IOUs and/or CCCE will be excluded from the model.
iv. Contractor will continue generating the load forecast for SCE and will begin generating one for PG&E territory once PG&E has delivered one complete meter read cycle’s worth of AMI load data.
v. Load forecast will be generated for a rolling 10-day period and delivered daily to CCCE via SFTP once operational. Delivery method may be changed upon mutual agreement of the Parties provided a reasonable implementation timeline and full requirements are jointly defined prior to such a change. vi. Load forecast model performance will be reported by Contractor, including mean absolute performance error (MAPE) when compared against actual observed meter data, on a monthly basis or such a period that parties may mutually agree upon, but not more frequently than once per week.
vii. Ongoing tuning of the model will be performed by Contractor to adjust for input quality and external factors impacts on the load forecast. 13) Data Manager Transition Support Services
a. Transitions support services will be provided at no additional cost to CCCE. These services are further detailed in Appendix A
14) Data Operations And Warehouse Performance Standards: The Parties acknowledge that Contractor’s failure to achieve compliance with the performance standards and reporting thereon for 1, 2(a), 2(b), 2(g), 4(g), 4(h), 4(l), 5(b), 5(c), 6, 10(d), 10(e), and 11 may cause CCCE to incur substantial economic damages and losses, including but not limited to financial and business operations performance degradation or stoppages, financial losses due to lack of accurate data, increased customer opt out rates, reputational harm, and customer dissatisfaction. Contractor and CCCE agree that $3,000 per day represents a reasonable and fair estimate of the compensation necessary to reimburse CCCE’s losses in the event of such a breach. Contractor agrees to pay CCCE $3,000 per day for any non-compliance with 1, 2(a), 2(b), 2(g), 4(g), 4(h), 4(l), 5(b), 5(c), 6, 10(d), 10(e), and 11. Parties shall collaborate on alternative compliance and impact mitigation, as possible. CCCE shall notify contractor when the payment in this section is to be assessed. CCCE may waive the payment at its sole discretion. For the avoidance of doubt, any payment incurred will be in addition to CCCE’s rights under 11(d). CCCE retains the right to seek actual damages at its discretion if such damages are able to be calculated and subject to the limitations of section 14.17 of the Standard Service Agreement. Notwithstanding anything in the contrary anywhere else herein or in the Agreement, damages pursuant to this section 14 of this Exhibit A Scope of Services shall be limited to US$3 Million, in aggregate.

DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 126 of 137
Date: ___________ 25 Contract Number: ______________
15) General Performance Standards
The Parties acknowledge that Contractor’s failure to achieve substantial compliance with the performance standards and reporting in this contract may cause CCCE to incur substantial economic damages and losses of types and in amounts which are difficult to compute and ascertain with certainty as a basis for recovery by CCCE of actual damages, including, but not limited to, increased customer opt out rates, reputational harm and customer dissatisfaction, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages, Contractor agrees that liquidated damages may be assessed and recovered by CCCE against Contractor, in the event of a failure to substantially meet these performance standards. For any month in which CCCE believes Contractor has failed to substantially meet these performance standards, CCCE will provide notification to Contractor within 180 calendar days describing the performance standard(s) that have not been met, and Parties shall then confer within ten (10) days to establish a plan to remedy such failure. In the event Contractor is unable to achieve such remedy within 30 calendar days of notification, Contractor shall be liable to CCCE for payment of liquidated damages in an amount of ten percent (10%) of the amount of the fees paid to Contractor under the Agreement, less any penalties paid in Section 14 above, for the first month that Contractor fails to substantially meet these performance standards and twenty-five percent (25%), less any penalties paid in Section 14 above for each subsequent consecutive month that these performance standards are not met. The foregoing liquidated damages payment shall be limited to the above amount regardless of how many performance standards are not met in any given month.

The liquidated damages payment shall not apply to any performance standard that is of a subjective nature. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Contractor shall pay them to CCCE without limiting CCCE's right to terminate this agreement for default as provided elsewhere herein. 16) Value Added Services
a. Recurve Analytics Platform
Contractor has partnered with Recurve to offer CCCE access to the Resource Planning tool on the Recurve Platform (“Recurve Platform”) and to establish a Demand Flexibility Marketplace, including all support for all analytics and data digestion. If CCCE decides, in its sole discretion, to access the Recurve Platform or to establish a Demand Flexibility Marketplace, CCCE shall provide 30 days advance written notice to Contractor and Calpine shall direct Recurve to provide access to CCCE at the pricing specified in Exhibit B. Access to the platform shall be provided in a mutually agreed upon timeline. b. See Change Institute
Contractor will work with See Change Institute (SCI) and CCCE staff to leverage behavioral science insights and customer research to support the communications, marketing and customer engagement efforts of CCCE, if requested by CCCE at its sole discretion. Contractor will coordinate with CCCE on the implementation of See Change’s scope of services. Additional details on See Change’s scope of services can be found in Appendix C.

DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 127 of 137
Date: ___________ 26 Contract Number: ______________
Exhibit B: Payment Terms

1. Service Fees shall be as follows:
a. Contractor shall waive CCCE data management service fees provided in support of CCCE’s SCE service territory from February 1, 2022 through October 1st, 2022 b. Monthly Service Fee for Full Territory Data Management Services, expected to begin October 1st, 2022

1. $25,000 per month, fixed fee, and;

2. $0.85 per meter per month, for each meter served by CCCE in the month.

2. Waiver of Service Fees
a. Contractor will waive $2,500,000 in service fees as follows. b. $1,500,000 in fee waivers will be applied to all invoices for services provided from February 2022 forward, and will continue to be applied against service fees until exhausted. For the avoidance of doubt, these fee waivers will be in addition to those in 1 above. c. After the initial $1,500,000 in Service Fee waivers noted in 2.b above is exhausted, an additional $1,000,000 in service fee waivers will be spread out in equal amounts over 12 months and applied to each successive invoice until exhausted.

3. Call Center Service Options Pricing
a. Should CCCE choose to in-source the call center, Contractor will reduce our per-meter/month fee as follows:

Full In-Sourcing: $0.15 Partial Transition/Hybrid: $0.015 per Agent Assumes all agents are CCCE staff and
quality control, oversight, training, and IVR
are managed by CCCE.

Should CCCE hire its own call center agents,
there is a $0.015 per meter/month reduction
per agent Contractor is able to reduce to a
maximum of $0.10.
b. For the avoidance of doubt, the maximum possible fee reduction is $0.15 per meter per month, which includes CCCE taking over full responsibility for all staffing, training, QA/QC, and supervision as well as all technology needed to operate the call center.

4. CCCE Script Translation Services
a. Charges incurred by Contractor from engaging with vendors to translate scripts or other documents from English into other language(s) will be passed by Contractor to CCCE at cost.

5. Community Give Back
Each year of the contract, Contractor will rebate three percent (3%) of its annual service fees to organizations in CCCE’s service territory for the purpose of promoting economic development, workforce development, local project development, grid resiliency, and other areas that support the mission of CCCE and its communities.

DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 128 of 137
Date: ___________ 27 Contract Number: ______________

6. Additional Deliverable Pricing
a. The Fees defined herein include only those service and items expressly set forth in this Agreement. Unless otherwise agreed to by CCCE and the Contractor, the cost of additional deliverables provided by Contractor to CCCE, including Ad Hoc Requests, shall be passed through directly to CCCE without mark-up using a labor rate of $150.00 per hour, (“Labor Rate”). Any such additional deliverables shall be first agreed to by the parties in writing prior to the services being provided.
b. To support CCCE in a dynamic market, Contractor will provide an annual 250-hour bank of ad-hoc hours to be used at CCCE’s discretion. After the bank of hours are depleted, additional ad-hoc hours will be billed at the rate described in 5.a above. For the avoidance of doubt, customized reports that do not require back-end system modifications, as referenced in Exhibit A, will not count as ad-hoc hours.

DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 129 of 137
Date: ___________ 28 Contract Number: ______________
Exhibit C: Procedures for Unauthorized Release of Covered Information SCOPE
CONTRACTOR hereby agrees to adhere to these Procedures for detecting and reporting the unauthorized release of Covered Information, including Protected Personal Information (“PPI”).

These Procedures apply to the following unauthorized release activities:

1. Unauthorized access

2. Unauthorized destruction

3. Unauthorized use

4. Unauthorized modification

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

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

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

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

1. Provide or bill for electrical power or gas,

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

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

4. Plan, implement, or evaluate demand response, energy management, or energy efficiency programs under contract with a Community Choice Aggregator or and Electrical Service Provider DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 130 of 137
Date: ___________ 29 Contract Number: ______________
(when providing service to residential or small commercial customers), under contract with the Commission, or as part of a Commission authorized program conducted by a governmental entity under the supervision of the Commission.

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

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

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

PROCEDURE
Detecting and Reporting of Unauthorized Releases

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

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

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

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

Unauthorized Release Handling Procedure

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

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

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

Review and Training

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

2. Any proposed changes to these Procedures shall be provided in writing to CCCE’s Dir. of Finance and Administration for their consideration.

EXHIBIT D: DATA CONTENT AND FREQUENCY
DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 131 of 137
Date: ___________ 30 Contract Number: ______________
Data Type To DPP To Ops Systems Quality
AMI Data - SCE - EDI 867 Received daily- 30 days post power flow (tied to meter read / bill cycle)IOU dependent, subject to corrections. DPP environment will reflect what our billing system has processed.

AMI Data - PG&E - Share My Data Daily 2 days post power flow (long tail) Depends on IOU, outside control. Files are retrieved daily and loaded into our internal interval data platform.

EDI Historical Usage - SCE Not used due to excessive data errors in source data
Not currently loaded due to data quality issues from SCE which render the data unusable. Will revisit Q3 2022.

SQMD Daily- T7/T52 Refer to SQMD Section noting < 2% variance Customer List / 4013 Weekly Depends on IOU, outside control. Files are loaded when received but require up to a week for processing, QA, and loading into CRM.

IVR self-service opt actions Syncs into CRM in real time via API Failed API calls redirect caller to an agent immediately, failed API opt actions are reviewed and addressed by next busines day
CRM (Customer account characteristics, Programs,
Enrollments)
Daily 1 day from receipt from IOU into our billing
system
CRM is synced to our billing system daily
Invoice Data - Billed volumes, Charges, Etc Daily- No weekends, No Calpine or IOU holidays Billing- See Billing SLAs Aging Daily Billing- See Billing SLAs
Data updated to DPP
+1 day
DocuSign Envelope ID: 3055A4D8-6EC3-4AF0-8110-958FFD83F1F4 132 of 137
Certificate Of Completion
Envelope Id: 3055A4D86EC34AF08110958FFD83F1F4 Status: Sent Subject: Please DocuSign: CCCE -Calpine Energy Solutions LLC Agreement 2022 Combined V6.docx Source Envelope:

Document Pages: 30 Signatures: 1 Envelope Originator:

Certificate Pages: 5 Initials: 1 Jhelum Bagchi
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
717 Texas Ave
Houston, TX 77002
[email protected]
IP Address: 162.203.73.164
Record Tracking
Status: Original
4/5/2022 6:33:48 PM
Holder: Jhelum Bagchi
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Dave Wheeler
[email protected]
Assistant General Counsel
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Signed by link sent to
[email protected]
Using IP Address: 174.196.137.226
Sent: 4/5/2022 6:44:52 PM
Viewed: 4/5/2022 6:46:57 PM
Signed: 4/5/2022 6:47:07 PM
Electronic Record and Signature Disclosure:

Accepted: 8/11/2020 2:58:53 PM
ID: 5f713ff4-daa1-44df-8fc9-e6c4bd72466b
Drake Welch
[email protected]
Sr. Vice President
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Signed by link sent to
[email protected]
Using IP Address: 174.204.11.109
Signed using mobile
Sent: 4/5/2022 6:47:10 PM
Viewed: 4/5/2022 6:56:42 PM
Signed: 4/5/2022 6:57:06 PM
Electronic Record and Signature Disclosure:

Accepted: 4/5/2022 6:56:42 PM
ID: 9e74ac4b-25c5-4f55-b47f-e508c0aaf103
Tom Habashi
[email protected]
Board Clerk / Executive Assistant
Central Coast Community Energy
Security Level: Email, Account Authentication
(None)
Sent: 4/5/2022 6:57:08 PM
Viewed: 4/6/2022 8:27:29 AM
Electronic Record and Signature Disclosure:

Accepted: 4/6/2022 8:27:29 AM
ID: daddc960-3824-4e0a-99b2-80ddf713866d
Brian Kimball
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 4/6/2022 8:27:29 AM
ID: daddc960-3824-4e0a-99b2-80ddf713866d
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Signer Events Signature Timestamp
Jaya Bajpai
[email protected]
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:

Accepted: 4/6/2022 8:27:29 AM
ID: daddc960-3824-4e0a-99b2-80ddf713866d
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/5/2022 6:44:52 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Calpine Solutions – CCA (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 7/8/2020 1:18:58 PM Parties agreed to: Dave Wheeler, Drake Welch, Tom Habashi, Brian Kimball, Jaya Bajpai 135 of 137
Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Calpine Solutions – CCA:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Calpine Solutions – CCA of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Calpine Solutions – CCA
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Calpine Solutions – CCA
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guide-signing-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Calpine Solutions – CCA as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Calpine Solutions – CCA during the course of your relationship with Calpine Solutions – CCA.
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