Agenda packet — Central Coast Community Energy (3CE) Operations Board, September 13, 2023 (part 1 of 3)

Operations Board of Directors
September 13, 2023
4:30PM
Paso Robles Inn
1103 Spring Street
Paso Robles, CA 93446
Public may participate through ZOOM. For ZOOM participation please join by computer audio at:
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You will be placed in the meeting as an attendee. To make a public comment:
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If you have anything that you wish to be distributed to the Board, please provide 15 copies to a member of 3CE staff or the Board Clerk, who will distribute the information to the Board members and staff.

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

Speakers are limited to 3 minutes each.

In addition, members of the public may request and receive copies without undue delay of any documents that are distributed to the Board, unless there is a specific exemption under the Public Records Act that prevents the disclosure of the record. (Cal. Gov’t Code Section 54957.5) In compliance with Government Code Section 54957.5, non-exempt writings that are distributed to a majority or all of the Board in advance of a meeting and that relate to an agenda item will be made available at the Paso Robles Inn located at 1103 Spring Street Paso Robles, CA 93446 during normal business hours and are also available on the 3CE website located at: https://pub-3ce.escribemeetings.com/ AGENDA

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

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

CONSENT CALENDAR

1. Approve minutes from the August 9, 2023 meeting of the Operations Board of Directors

2. Approve minutes from the August 24, 2023 special meeting of the Operations Board of Directors

3. Approve and authorize the CEO to execute Amendment No. 2 to the Agreement with Frontier Energy Inc., which supports 3CE’s transportation electrification
programs and customers, to extend the term of the agreement by one (1) year to September 30, 2024, with no change to the not to exceed amount

4. Approve and authorize the CEO to execute amendment No. 3 to the AIQUEOUS, LLC amended and restated standard services agreement, which provides back-end support for energy programs, to add$191,985 for a total not to exceed amount of $695,235
and to extend the term of the agreement by one (1) year to September 30, 2024

5. Approve and authorize the CEO to execute an agreement with Boone Graphics for communication and marketing services with a term of September 15, 2023 through September 30, 2026 for a total not to exceed amount of $363,812

6. Authorize CEO to execute a standard services agreement amendment No. 1 through September 30, 2024, with Maher Accountancy for accounting and annual audit assistance services with a not to exceed amount of $545,500

7. Adopt resolution No. OB-2023-02 attesting to the veracity of 3CE's 2022 Power Content Label

8. Receive report regarding execution of Pacific Gas and Electric Spring 2023 PCIA Market Offer for Long Term Renewable Energy Credits consistent with April 12, 2023 delegation of authority

9. Receive update on FY 2022-23 Energy Programs

10. Receive Regulatory Update

11. Receive a report on contracts less than $200,000 annually executed in August 2023

12. Receive the Treasurer’s Report for the period October 1, 2022, through June 30, 2023

REGULAR AGENDA

13. Approve and authorize the CEO to execute an amended and restated power purchase agreement with SF Jasmine LLC, and any necessary ancillary documents, to increase the size of energy storage system in an amount not to exceed $187,000,000

14. Support seeking the Policy Board's approval to adopt the Fiscal Year 2023-24 Recommended Budget for Central Coast Community Energy (3CE) including updated Financial Policies and cost-based rate adjustments Board member comments and reports
Adjournment
Operations Board of Directors
August 9, 2023, 10:30 am
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
County of Santa Cruz
701 Ocean Street, Third Floor Training Room
Santa Cruz, CA 95060
City of San Luis Obispo
City Hall
990 Palm Street, Council
Chambers San Luis Obispo, CA
93401
City of Santa Maria
City Hall
110 East Cook Street, Council Chambers Santa
Maria, CA 93454
City of Goleta
City Hall
130 Cremona Drive,
Conference Room 1
Goleta, CA 93117

MINUTES
The meeting was called to order at 10:38 AM with 13 members attending in 5 locations and a quorum established.

Directors Present: County of Santa Cruz: Acting Chair Palacios, Huffaker, McCloud 3CE Headquarters: Espinosa, Guertin, Hannah, Pia, Reynolds, Wood City of San Luis Obispo: Lewis
City of Santa Maria: Hackelman
City of Goleta: Chapjian, Imhof
Directors Absent: Campbell, De La Rosa (arrived at 10:40am – 3CE HQ), Garcia, Murphy, Vice Chair Goldstein, Chair Johnson Corrections or Additions
Clerk announced that there were no corrections or additions to the agenda.

The Chair opened the public comment period for the consent calendar and items not listed on the agenda.

No public comments received.

The Chair closed public comment period.

CONSENT CALENDAR
MOTION: Moved by Director Chapjian, seconded by Director Pia to approve the Consent Agenda.

ACTION: The Motion Carried with a roll call vote: 14/0/5 AYES: De La Rosa, Espinosa, Guertin, Hannah, Huffaker, Imhof, Lewis, McCloud, Chapjian, Pia, Reynolds, Hackelman, Wood, Acting Chair Palacios
NOES: None
ABSENT: Campbell, Garcia, Murphy, Vice Chair Goldstein, Chair Johnson

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1. Approved Minutes from the May 10, 2023 meeting of the Operations Board of Directors as submitted

2. Authorized the CEO to execute a broker agreement to enable procurement of Resource Adequacy (RA) Products with a transaction fee not to exceed 1.0% of the notional value of the RA transaction ICAP Energy LLC Inc finds for 3CE

3. Authorized the CEO to execute broker agreement to enable procurement of Resource Adequacy (RA) Products with a transaction fee not to exceed 1.0% of the notional of the RA transaction Karbone Inc finds for 3CE

4. Received update on recent changes to the Energy Risk Management Policy approved by the Risk Management Committee in July 2023

5. Authorized the CEO to execute Amendment No. 1 to the agreement with TRC Engineers Inc. to provide technical assistance services in support of Member Agency reach code adoption to increase the total not to exceed amount to $321,935 and extend the term to September 30, 2025

6. Authorized the CEO to execute Amendment No. 2 to the agreement with Cohen Ventures Inc. doing business as (DBA) Energy Solutions to provide implementation services in support if the Electrify Your Home Program, extending term of the agreement by one (1) year to September 30, 2024, and reflecting adjustments to incentives

7. Authorized CEO to execute Amendment No. 1 to the agreement with Bruan, Blaising & Wynne, P.C. to increase contractual not to exceed amount from $130,000 to $145,000 for additional regulatory services support for the 2022-2023 fiscal year

8. Approved an amendment to the Agreement with Hall Energy Law, PC (“Hall Energy”) for specialized legal services to add $60,000, increasing the not to exceed from $150,000 to $210,000 for the 2022-23 Fiscal Year

9. Received FY 2022-23 Energy Programs update

10. Received Regulatory update

11. Treasurer's Report

REGULAR AGENDA

12. Community Advisory Council Report
The Chair opened the public comment period.

No Public Comments Received.

The Chair closed public comment period.

ACTION: Discussion Item; no action required

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13. CEO Report
a. Staffing Updates
b. Policy Board Approves Project Selection Criteria
c. Market Outlook
d. Yellow Pine Energy Center Begins Operations
e. Resource Adequacy Rule Changes and CCA Expansion
f. Demand Response
g. Budget Update
The Chair opened the public comment period.

No Public Comments Received.

The Chair closed public comment period.

ACTION: Discussion Item; no action required

14. Authorized CEO to execute the small generator interconnection agreement between Pacific Gas and Electric Company and Central Coast Community Energy in an amount not to exceed $120,000 for the interconnection cost associated with theinstallation of an energy storage facility at the Emeline project site

The Chair opened the public comment period.

No Public Comments Received.

The Chair closed public comment period.

MOTION: Moved by Director Hackelman, seconded by Director Huffaker to approve.

15. Authorized CEO to execute the small generator interconnection agreement between Pacific Gas and Electric Company and Central Coast Community Energy in an amount not to exceed $120,000 for the interconnection cost associated with the installation of an energy storage facility at the Roy Wilson Project site
The Chair opened the public comment period.

No public comments received.

The Chair closed public comment period.

MOTION: Moved by Director Pia, seconded by Director Espinosa to approve.

ACTION: The Motion Carried with a roll call vote: 14/0/5

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AYES: De La Rosa, Espinosa, Guertin, Hannah, Huffaker, Imhof, Lewis, McCloud, Chapjian, Pia, Reynolds, Hackleman, Wood, Acting Chair Palacios
NOES: None
ABSENT: Campbell, Garcia, Murphy, Vice Chair Goldstein, Chair Johnson

16. The Board approved and adopted a revised Central Coast Community Energy (3CE) Purchasing Policy – Financial Policy 8 (FP8) with an effective date of September 1, 2023.

The Chair opened the public comment period.

No public comments received.

The Chair closed public comment period.

MOTION: Moved by Director Imhof, seconded by De La Rosa to approve.

ACTION: The Motion Carried with a roll call vote: 13/1/5 AYES: De La Rosa, Espinosa, Guertin, Hannah, Huffaker, Imhof, Lewis, McCloud, Pia, Reynolds, Hackleman, Wood, Acting Chair Palacios
NOES: Chapjian
ABSENT: Campbell, Garcia, Murphy, Vice Chair Goldstein, Chair Johnson

17. The Board approved and adopted a revised Central Coast Community Energy (3CE) Purchase Card Policy – Financial Policy 6 (FP6) with an effective date of September 1, 2023.

The Chair opened the public comment period.

No public comments received.

The Chair closed public comment period.

MOTION: Moved by Director De La Rosa, seconded by Guertin to approve.

ACTION: The Motion Carried with a roll call vote: 14/0/5 AYES: De La Rosa, Espinosa, Guertin, Hannah, Huffaker, Imhof, Lewis, McCloud, Chapjian, Pia, Reynolds, Hackleman, Wood, Acting Chair Palacios
NOES: None
ABSENT: Campbell, Garcia, Murphy, Vice Chair Goldstein, Chair Johnson

18. The Board approved and adopted a revised Central Coast Community Energy (3CE) Travel Policy – Financial Policy 9 (FP9) with an effective date of September 1, 2023.

The Chair opened the public comment period.

No public comments received.

The Chair closed public comment period.

MOTION: Moved by Director De La Rosa, seconded by Pia to approve.

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Adjourned at 11:34 am

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Operations Board of Directors
Special Meeting
August 24, 2023, 11:00 am
Central Coast Community Energy
70 Garden Court, Suite 300
Monterey, CA 93940
County of Santa Cruz
701 Ocean Street, Third Floor Training Room
Santa Cruz, CA 95060
City of San Luis Obispo
City Hall
990 Palm Street, Council Chambers
San Luis Obispo, CA 93401
City of Santa Maria
City Hall
110 East Cook Street, Council Chambers
Santa Maria, CA 93454
County of Santa Barbara
County Administration Building
105 East Anapamu Street,
Suite 108 Large Conference Room
Santa Barbara, CA 93101

MINUTES
The meeting was called to order at 11:00 AM with 13 members attending in 5 locations and a quorum established.

Directors Present: 3CE Headquarters: Espinosa, Guertin, Hannah, Pia, Reynolds County of Santa Cruz: Palacios, Vice Chair Goldstein
City of San Luis Obispo: Campbell, Chair Johnson
City of Santa Maria: Murphy, Stilwell
County of Santa Barbara: Imhof, Chapjian,
Directors Absent: De La Rosa, Garcia, Huffaker, Lewis, Mendez, Wood (arrived at 11:09 am – 3CE HQ)

CLOSED SESSION

1. Closed Session under Government Code 5950 relating to the following items a. Pursuant to Government Code section 54956.9(d)(4), the Board will confer with legal counsel regarding three items of potential initiation of litigation.

The Chair opened the public comment on closed session items No Public Comments Received.

The Chair closed public comment period.

Recessed into closed session at 11:05 am
Reconvened into open session at 12:05 pm
General Counsel announced that no reportable action was taken during the closed session.

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OPEN SESSION

2. Approved and authorized the CEO to execute an amended and restated power purchase agreement with 64NB 8me LLC, and any necessary ancillary documents, to increase the size and discharge of the energy storage system in a revised total amount not to exceed $465,000,000.

The Chair opened the public comment period.

No Public Comments Received.

The Chair closed public comment period.

MOTION: Moved by Director Palacios, seconded by Director Pia to approve.

ACTION: The Motion Carried with a roll call vote: 14/0/5 AYES: Campbell, Espinosa, Guertin, Hannah, Imhof, Chapjian, Murphy, Palacios, Pia, Reynolds, Stilwell, Wood, Vice Chair Goldstein, Chair Johnson
NOES: None
ABSENT: Campbell, Garcia, Murphy, Vice Chair Goldstein, Chair Johnson Adjourned at 12:05 pm

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Staff Report Item 3
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
PREPARED BY: Jon Griesser, Director of Energy Programs
SUBJECT: Approve and authorize the CEO to execute Amendment No. 2 to the Agreement with Frontier Energy Inc., which supports 3CE’s transportation electrification programs and customers, to extend the term of the agreement by one (1) year to September 30, 2024, with no change to the not to exceed amount
DATE: September 13, 2023
RECOMMENDATION:

This memorandum recommends that the Operations Board approve and authorize the CEO to execute Amendment No.2 to the Standard Services Agreement (the “Agreement”) with Frontier Energy Inc. to extend the term of the Agreement by one (1) year to September 30, 2024, with no change to the not to exceed amount.

BACKGROUND:

On May 11, 2022, the 3CE Operations Board authorized the CEO to execute the Agreement with Frontier Energy Inc. to provide technical assistance and implementation services for electric vehicle (EV) charging projects at commercial and multifamily customer sites. These services support 3CE’s transportation electrification programs and customers by providing EV charging project feasibility studies and site assessments and facilitating installer quotes and selection. The initial agreement had a total not to exceed amount of $239,378 and a term ending September 30, 2023.

On January 11, 2023, the Operations Board authorized the CEO to execute Amendment No. 1 to the Agreement with Frontier Energy Inc. to add $150,000 to the initial agreement to support additional customer segments with technical assistance services. The current Agreement has a total not to exceed amount of $389,378 and a term ending September 30, 2023.

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DISCUSSION/ANALYSIS:

The lack of availability of abundant and reliable EV charging infrastructure remains a key barrier to the widespread adoption of EVs throughout the Central Coast, particularly in publicly accessible areas and at multifamily building properties.

The proposed amendment extends the term of 3CE’s current Agreement with Frontier Energy Inc. to provide technical assistance support to 3CE programs by one (1) year to September 30, 2024, with no change to the not to exceed amount.

FISCAL IMPACT:

The proposed funding for costs associated with 3CE’s Agreement with Frontier Energy Inc. for FY 2023- 24 is included and subject to Policy Board adoption as part of the FY 2023-24 Recommended Budget.

Costs will be incurred on a time and materials basis over the term of the Agreement in an amount not to exceed $389,378. There is no impact to the not to exceed amount of the Agreement.

CONCLUSION:

The Board’s approval of this action facilitates continued technical assistance support to 3CE transportation electrification programs and customers, and the buildout of electric vehicle infrastructure at publicly accessible commercial and multifamily customer sites in 3CE’s service area.

CONCLUSION:

1. Original Agreement with Frontier Energy Inc.

2. Amendment No. 1 to Agreement with Frontier Energy Inc.

3. Proposed Amendment No. 2 to Agreement with Frontier Energy Inc.

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CENTRAL COAST COMMUNITY ENERGY

STANDARD SERVICES AGREEMENT
This Agreement is made by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and Frontier Energy Inc. (hereinafter “CONTRACTOR”), a C Corporation with its principal place of business located in San Ramon, California. 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: technical assistance and program management services to support CCCE transportation electrification programs.

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 $239,378.00.

3. TERM OF AGREEMENT

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

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

4. SCOPE OF SERVICES AND ADDITIONAL PROVISIONS

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

4.1.1.Exhibit A: Scope of Services

4.1.2.Exhibit B: Payment Terms

4.1.3.Exhibit C: Procedures for Unauthorized Release of Covered Information DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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

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

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

7. TERMINATION

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

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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.

8. INDEMNIFICATION

8.1. CONTRACTOR shall indemnify, defend, and hold harmless CCCE, 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 CONTRACTOR 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 CCCE. It is the intent of the parties to this Agreement to provide the broadest possible coverage for CCCE. The CONTRACTOR shall reimburse CCCE for all costs, attorneys’ fees, expenses and liabilities incurred with respect to any litigation in which the CONTRACTOR is obligated to indemnify, defend and hold harmless CCCE under this Agreement.

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

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

9. INSURANCE REQUIREMENTS

9.1. Prior to commencement of this Agreement, the CONTRACTOR shall provide a “Certificate of Insurance” certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, the CONTRACTOR upon request shall provide a certified copy of the policy or policies. 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:

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

9.2.1.2. Business Automobile Liability Insurance, covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services under this DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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Agreement, with a combined single limit for Bodily Injury and Property Damage of not less than $500,000 per occurrence.

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

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

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

9.4. Commercial general liability and automobile liability policies shall provide an endorsement naming CCCE, its Directors, Board members, officers, 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 CCCE and that the insurance of the Additional Insureds shall not be called upon to contribute to a loss covered by the CONTRACTOR’S insurance.

10. RECORD AND CONFIDENTIALITY

10.1. CONTRACTOR and its officers, employees, agents, and subcontractors shall comply with any and all federal, state, and local laws, which provide for the confidentiality of records and other information. CONTRACTOR shall not disclose any confidential records or other confidential information received from CCCE or prepared in connection with the performance of this Agreement, unless CCCE specifically permits CONTRACTOR to disclose such records or information. CONTRACTOR shall promptly transmit to CCCE any and all requests for disclosure of any such confidential records or information. CONTRACTOR shall not use any confidential information gained by CONTRACTOR in the performance of this Agreement except for the sole purpose of carrying out CONTRACTOR’s obligations under this Agreement.

DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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10.1.1. Confidential Information specifically includes Covered Information (as defined in Exhibit C), including Protected Personal Information(“PPI”) that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer, household, or customer account. All such Covered Information and PPI must fully be protected from disclosure as set forth in California Public Utility Commission Decision D.12-08.045. In the event of an unauthorized release of Covered Information and PPI, CONTRACTOR shall comply with Exhibit C, Procedures for Unauthorized Release of Covered Information.

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

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

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

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

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 DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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regulations which prohibit discrimination. The provision of services primarily or exclusively to such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.

12. INDEPENDENT CONTRACTOR

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

13. NOTICES

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

Central Coast Community Energy Frontier Energy Inc.

Chief Financial & Technology Officer Jeremy Springer, CFO 70 Garden Court, Suite 300 12949 Alcosta Blvd, Suite 101 Monterey, CA 93940 San Ramon, CA 94583-1323

14. MISCELLANEOUS PROVISIONS

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

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

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.

DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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

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

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

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

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

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

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

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

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

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

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

14.16. Integration. This Agreement, including the exhibits, represent the entire Agreement between CCCE and the CONTRACTOR with respect to the subject matter of this Agreement and shall supersede all prior negotiations, representations, or agreements, either written or oral, DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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between CCCE and the CONTRACTOR as of the effective date of this Agreement, which is the date that CCCE signs the Agreement.

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

SIGNATURE OF THE PARTIES:

Frontier Energy Inc. Central Coast Community Energy
BY:__________________________________ BY:______________________________________ Jeremy Springer, CFO Tom Habashi, CEO
Date: ____________________________ Date: ____________________________ Approved as to Form
BY:______________________________________
Brian Kimball, General Counsel
Date: ____________________________
Approved as to Financial Terms
BY:______________________________________
Jaya Bajpai, Chief Financial Officer
Date: ____________________________
DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F 5/2/2022
DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769 5/11/2022
5/11/2022
5/11/2022

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Exhibit A: Scope of Services
Scope of Work
Task 1: Site Assessment of Potential EVSE Infrastructure Build Out

1.1. Identify existing ZEV deployment by county by using DMV data.

1.2. Produce a heat map that shows:
• Existing and planned ZEV infrastructure from information from the MPOs and updated with publicly available data and from planning departments (if available.) • Electrical circuit capacity, grid constraints, and potentially unreliable electrical service by using utilities’ online GIS interconnection assessment databases and identify charging corridors and sites that have sufficient electrical and gaps in service.

1.3. Identify property types from land use, zoning, and assessor parcel data available from the cities, counties, and MPOs to map multifamily and commercial areas. If allowed, use CCCE utility billing information to help prioritize large multifamily and commercial customers. Overlay the data with CalEnviroScreen 4.0 mapping data that identifies individual “indicators” of being a disadvantaged community that include poverty, linguistic isolation, and housing burden.

1.4. Create a report that identifies potential locations to add new charging stations that will support CCCE’s objectives, and potential commercial and multifamily properties near those locations that are candidates for outreach and engagement.

Task 2: Customer Engagement and Participant Enrollment

2.1 Provide existing outreach tools to CCCE for incorporation on the website and to use at outreach events. Frontier Energy will support redesign of the materials for CCCE branding. Tools include:
• An Excel siting tool that people can use to identify sites suitable for Level 2 and DCFC stations.
• Important considerations when selecting a charger and compares charging speeds, power rating, and features
• Business segment toolkits that include surveys to gauge employee and customer demand for charging stations, checklists for placing charging stations on a property, and potential rebates and incentives. Frontier Energy has developed toolkits for retail and entertainment businesses (destinations), offices and light industrial, schools and libraries, public facilities and parking lots, and multifamily. • The Clean Air Gazette, a newspaper-style outreach piece that can be customized for each city.

2.2 Develop a graphic-rich brochure to explain the program with a link and a QR code to a non-binding Interest Form.

DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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2.3 Work closely with CCCE to create templates for email blasts and social media posts to distribute the brochure and toolkits. Send emails to Frontier clients and post social media from Frontier’s account when appropriate and approved by CCCE.

2.4 Identify opportunities to present webinars and in-person. Coordinate CCCE to identify organizations to help amplify the program reach (e.g., chambers of commerce, business associations). Coordinate all speaking/outreach opportunities with CCCE and determine the best person to represent the program to the group.

2.5 Create and maintain a “project tracker” to record each contact to offer education, training, and a free site assessment and continue to use the project tracker throughout implementation and commissioning.

2.6 Coordinate with CCCE about the pace of outreach to ensure sufficient leads are in the pipeline and maintain levels of responsiveness.

Task 3: Technical Assistance for Multifamily and Commercial Customers

3.1 Intake: In coordination with CCCE, develop and implement an intake process for interested parties that request a free site assessment. At each step, update the project tracker with the status and send emails/documents that are pre-approved by CCCE.

3.2 Feasibility Studies: Conduct a remote assessment of the property using Google Earth, photographs provided by the site host, and available as-built drawings. After confirming the desired location for the charging station, conduct an on-site assessment to evaluate:
• Existing electrical infrastructure
• Capacity on the utility transformer (in conjunction with CCCE and PG&E) • Available panel capacity on a 208/240V, three phase transformer for Level 2 and/or a 480V, three phase transformer for DCFC
• Ease of access to the electrical room or vault
• Distance from transformer to furthest proposed equipment • Civil upgrades needed including surface restorations, concrete penetration, core drilling, wall penetration, drainage, lighting, bollards, signage and landscaping • Signing and striping for parking stalls to meet ADA requirements and any requirements in local codes (in conjunction with Planning and Building Department)
• Permits needed for electrical, drainage, noise control, environmental impact, etc.

Confirm the number of vehicles the property owner expects to charge, and the times of day people will like charge based on use case (customer, employee, resident, commuter) and recommend charger types (Level 2 or DCFC) and a maximum number of EVSE.

DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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With input from the property owners, develop charging infrastructure installation designs, with a scalable kit-of-parts approach to charging infrastructure installation design. For small installations at properties with sufficient electrical capacity, use standard or semi- standard designs and develop more customized designs for complex applications.

For each property, develop an EVSE Feasibility Report that includes a project description with relevant specifications and required electrical and civil upgrades and submit it to the property owner and CCCE. If needed, conduct up a video conference to discuss the results and identify next steps to procure and install the charging stations.

When the project is confirmed or declined, update the project tracker with the status and close the application. If desired, administer a follow-up survey to get feedback about the program and the process to help make program improvements.

3.3 Facilitate quotes from three electricians who have Electric Vehicle Infrastructure Training Program (EVITP) certification.

Task 4: Facilitate Multifamily Property Owner Participation in the CCCE Electrify Your Ride Program throughout the CCCE Service Area

4.1 Assist Multifamily property owners to apply for applicable CCCE incentive opportunities. Provide support to complete and submit applications.

4.2 Identify opportunities for property owners to leverage incentives and low-interest financing to accelerate further electrification projects, such as the California TECH initiative.

Task 5: Implement Public EVSE Projects and Energy Program Incentive Payments

5.1 Serve as a resource for the property owner as they navigate the often-confusing procurement process.

5.2 As the property owner signs the contracts for procurement and installation, update the project tracker with the status of the project by coordinating with the property owner and the installer. Use the stages defined by the Governor’s Office of Business Development (GO-Biz): Planned, Designed, Permitted, In Construction, Commissioned, Operational.

5.3 When the project is complete, work with CCCE to schedule a ribbon-cutting event and/or create a case study, if desired.

Task 6: Administration

6.1 Schedule and facilitate a project kick-off meeting to discuss the overall project management approach that includes invoicing, communication preferences, and a schedule for project management meetings.

6.2 Provide the CCCE project manager with a project plan in SmartSheet or a similar tool within seven days of the kick-off meeting. The plan will have key milestones, due dates, and task assignments by person.

DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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6.3 Set up a shared Microsoft Teams “team” and document folder to ensure all partners have access to timelines, reports, and deliverables. If the CCCE project manager prefers a different platform for collaboration, Frontier will accommodate that choice.

6.4 Conduct regular project meetings and submit progress reports as requested. Frontier uses a project tracker that is routinely updated and is available to CCCE and all the project team through the shared folder.

6.5 Submit annual and final reports so that CCCE can use the information for regulatory and grant reporting as required.

DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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5/2/2022 13 Contract Number: ______________
Exhibit B: Payment Terms
Frontier Energy will be paid on a time and materials basis to complete the tasks outlined in Exhibit A:

Scope of Work. The total not to exceed amount of this Agreement is $239,378.00. The budget is inclusive of travel costs and materials. It does not include printing and distribution of marketing materials or translation services. Without impacting the total not to exceed amount, task budgets may be reallocated between tasks without a contract amendment upon written approval by CCCE.

Not-to-Exceed Budget $239,378.00
Hours Cost
Task 1. Site Assessment 135 $25,655

1.1. Identify existing ZEV deployment

1.2. Produce a heat map

1.3. Identify property types and DACs

1.4. Reporting
Task 2. Engagement and Enrollment 304 $48,770

2.1 Provide outreach tools

2.2 Develop brochure

2.3 Email and social media communications

2.4 Identify outreach opportunities

2.5 Create and maintain a “project tracker”

2.6 Coordinate with CCCE regarding outreach.

Task 3. Technical Assistance 545 $100,380

3.1 Develop and implement an intake process

3.2 Conduct feasibility studies; remote and on-site
assessments; provide recommendations

3.3 Facilitate installer quotes
Task 4. Multifamily Property Participation 133 $18,602

4.1 Assist Multifamily property owners to apply for
CCCE incentives opportunities

4.2 Identify further opportunities for property owners
Task 5. Implement Public EVSE Projects and Incentives 107 $18,131

5.1 Assist in procurement process

5.2. Update Project Tracker

5.3. Project completion tasks and case studies
Task 6. Administration 147 $27,840

6.1 Kick off meeting

6.2 Set up project management tool

6.3 Set up communications platform

6.4 Conduct meetings and progress reporting

6.5 Annual and final reports
DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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5/2/2022 14 Contract Number: ______________
Rates for key staff are in the table below. Rates shall remain in effect for the term of this Agreement.

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

Title 2022 Hourly Rate
Title Hourly Rate
Sr. Manager $250
Sr. Program Consultant/Project Manager $153
Sr. Program Coordinator $112
Practice Lead (Grade 40) $250
Electromobility Engineer (Grade 22) $160
Planner (Grade 21) $155
Senior Energy Analyst $225
Electrical Engineer $205
Engineer $225
DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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5/2/2022 15 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 (when providing service to residential or small commercial customers), under contract with the DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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5/2/2022 16 Contract Number: ______________
Commission, or as part of a Commission authorized program conducted by a governmental entity under the supervision of the Commission.

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

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

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

PROCEDURE
Detecting and Reporting of Unauthorized Releases

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

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

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

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

Unauthorized Release Handling Procedure

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

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

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

Review and Training

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

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

DocuSign Envelope ID: 8541C7FC-6172-4CD2-A26C-31A6A59EFD7F DocuSign Envelope ID: F9A774F7-A292-4A85-93B5-256D1522A769

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EP-2023-015
AMENDMENT NO. 1

TO SERVICES AGREEMENT BETWEEN FRONTIER ENERGY AND

CENTRAL COAST COMMUNITY ENERGY
This Amendment No. 1 to the Services Agreement (“Agreement”) which was effective on May 11, 2022, is entered into by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and Frontier Energy Inc. (“CONTRACTOR”); (CCCE and CONTRACTOR are referred herein as “party,” or collectively, as the “Parties”), with respect to the following:

RECITALS
WHEREAS, CCCE and CONTRACTOR entered into a Standard Services Agreement (the “Original Agreement”) on May 11, 2022, to provide technical assistance and program management services to support CCCE transportation electrification programs; WHEREAS, CCCE has identified a need for CONTRACTOR to provide technical assistance and program management services to support additional customer segments; WHEREAS, CCCE seeks to add $150,000 from the Energy Programs Budget to the Original Agreement in support of this technical assistance and program management services; and
WHEREAS, the Parties wish to amend the Original Agreement as follows.

AGREEMENT
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Amend Section 2. Payment Provisions to read:

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 $389,378.00.

2. Amend the seventh bullet in Exhibit A: Scope of Work, Section 3.2 to read:
• Adherence to state and local building and safety codes

3. Amend the second paragraph of Exhibit A: Scope of Work, Section 3.2 to read:

Confirm the number and types of vehicles the property owner expects to charge, and the DocuSign Envelope ID: 200F5C0F-DD58-425A-B0E5-53DA20D5AE87

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EP-2023-015
times of day people will like charge based on use case (customer, employee, resident, commuter, fleet) and recommend charger types (Level 2 or DCFC) and a maximum number of EVSE.

4. Amend Exhibit A: Scope of Work, Task 5 heading to read:

Task 5: Implement Commercial EVSE Projects and Energy Program Incentive Payments

5. In Exhibit A: Scope of Work, add Task 5.4 to read:

5.4 Identify opportunities for property owners to leverage incentives and low-interest financing for EVSE and fleet vehicles.

6. Replace Exhibit B with Exhibit B-1, attached and incorporated herein.

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

Frontier Energy Inc. Central Coast Community Energy
BY:__________________________________ BY:_________________________________ Jeremy Springer, CFO
Date: ____________________________
Tom Habashi, CEO
Date: ____________________________
Approved as to Form
BY:_________________________________
Brian Kimball General Counsel
Date: ____________________________
Approved as to Financial Terms
BY:______________________________________
Jaya Bajpai, Chief Financial Officer
Date: ____________________________
DocuSign Envelope ID: 200F5C0F-DD58-425A-B0E5-53DA20D5AE87 1/24/2023
1/25/2023
1/25/2023
1/26/2023

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3 Exhibit B-1: Payment Terms
Frontier Energy will be paid on a time and materials basis to complete the tasks outlined in Exhibit A: Scope of Work. The total not to exceed amount of this Agreement is $389,378.00. The budget is inclusive of travel costs and materials. It does not include printing and distribution of marketing materials or translation services. Without impacting the total not to exceed amount, task budgets may be reallocated between tasks without a contract amendment upon written approval by CCCE.

Not-to-Exceed Budget $389,378.00
Hours Cost
Task 1. Site Assessment 259 $47,749

1.1. Identify existing ZEV deployment

1.2. Produce a heat map

1.3. Identify property types and DACs

1.4. Reporting
Task 2. Engagement and Enrollment 463 $75,704

2.1 Provide outreach tools

2.2 Develop brochure

2.3 Email and social media communications

2.4 Identify outreach opportunities

2.5 Create and maintain a “project tracker”

2.6 Coordinate with CCCE regarding outreach.

Task 3. Technical Assistance 1,020 $175,500

3.1 Develop and implement an intake process

3.2 Conduct feasibility studies; remote and on-site
assessments; provide recommendations

3.3 Facilitate installer quotes
Task 4. Multifamily Property Participation 133 $18,652

4.1 Assist Multifamily property owners to apply for
CCCE incentives opportunities

4.2 Identify further opportunities for property owners
Task 5. Implement Commercial EVSE Projects and
Incentives 238 $36,795

5.1 Assist in procurement process

5.2 Update Project Tracker

5.3 Project completion tasks and case studies

5.4 Identify incentives and support applications
Task 6. Administration 187 $34,978

6.1 Kick off meeting

6.2 Set up project management tool

6.3 Set up communications platform

6.4 Conduct meetings and progress reporting

6.5 Annual and final reports
DocuSign Envelope ID: 200F5C0F-DD58-425A-B0E5-53DA20D5AE87

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4 Rates for key staff are in the table below Rates shall remain in effect for the term of this Agreement.

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

Title 2022 Hourly RaTitle Hourly Rate
Sr. Manager $250
Sr. Program Consultant/Project Manager $153
Sr. Program Coordinator $112
Practice Lead (Grade 40) $250
Electromobility Engineer (Grade 22) $160
Planner (Grade 21) $155
Senior Energy Analyst $225
Electrical Engineer $205
Engineer $225
DocuSign Envelope ID: 200F5C0F-DD58-425A-B0E5-53DA20D5AE87

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1 AMENDMENT NO. 2

TO SERVICES AGREEMENT BETWEEN FRONTIER ENERGY AND

CENTRAL COAST COMMUNITY ENERGY
This Amendment No. 2 to the Services Agreement (“Agreement”) which was effective on May 11, 2022, is entered into by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and Frontier Energy Inc. (“CONTRACTOR”); (CCCE and CONTRACTOR are referred herein as “party,” or collectively, as the “Parties”), with respect to the following:

RECITALS
WHEREAS, CCCE and CONTRACTOR entered into a Standard Services Agreement (the “Original Agreement”) on May 11, 2022, to provide technical assistance and program management services to support CCCE transportation electrification programs; WHEREAS, CCCE and Contractor executed Amendment No. 1 to the Agreement on January 26, 2023, to support additional customer segments with technical assistance and program management services; and
WHEREAS, CCCE and CONTRACTOR, without adjusting the not to exceed amount of the Agreement, seek to extend the term of the Agreement to September 30, 2024, to provide continued support of CCCE’s transportation electrification programs and to further advance electric vehicle infrastructure throughout the Central Coast region.

AGREEMENT
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Amend the first sentence of Section 3.1, as follows:

The term of this Agreement is from the date of execution until September 30, 2024, unless sooner terminated pursuant to the terms of this Agreement.

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

Frontier Energy Central Coast Community Energy
BY:__________________________________ BY:______________________________________ Title:_____________________________ Robert Shaw, CEO

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2 Date: ____________________________ Date: ____________________________ Frontier Energy Approved as to Form
BY:__________________________________ BY:___________________________________ Title:_____________________________ Charles McKee, General Counsel Date: ____________________________ Date: ____________________________ Approved as to Financial Terms
BY:______________________________________
Dewayne Woods, Chief Financial Officer
Date: ____________________________

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Staff Report Item 4
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
PREPARED BY: Jon Griesser, Director of Energy Programs
SUBJECT: Approve and authorize the CEO to execute amendment No. 3 to the AIQUEOUS, LLC amended and restated standard services agreement, which provides back-end support for energy programs, to add $191,985 for a total not-to-exceed amount of $695,235 and to extend the term of the agreement by one (1) year to September 30, 2024 DATE: September 13, 2023
RECOMMENDATION:

This memorandum recommends the Operations Board approve and authorize the CEO to execute amendment No. 3 to the amended and restated standard services agreement (the “Agreement”) with AIQUEOUS, LLC (Aiqueous) to add $191,985 for a total not to exceed amount of $695,235 and to extend the term of the agreement by one (1) year to September 30, 2024.

BACKGROUND:
3CE executed an Agreement in January 2020 with Aiqueous to develop and implement PowerPath, a Customer Relationship Management (CRM) platform and energy programs management software. The original Agreement with Aiqueous had a not-to-exceed amount of $259,240 and a term ending September 30, 2021.

At its meeting on September 15, 2021, the Operations Board approved an Amended and Restated Services Agreement with Aiqueous, with a total not-to-exceed amount of $430,500 over a two-year term ending September 30, 2023.

At its meeting on August 10, 2022, the Operations Board approved Amendment No. 1 to the Agreement with Aiqueous to add $33,750, with no time extension, for a total not-to-exceed of $464,250 in support of 3CE’s Energy Programs and Communications and Outreach efforts in FY 2022-23.

At its meeting on May 10, 2023, the Operations Board approved Amendment No. 2 to the agreement with Aiqueous to add $39,000, with no time extension, for a total not-to-exceed amount of $503,250 in support of 3CE’s Energy Programs and Communications and Outreach efforts in FY 2023-24.

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DISCUSSION/ANALYSIS:

CRM platforms, like PowerPath, are strategically important tools to organize and engage with customers and large volumes of customer data. Customer interactions with 3CE staff, such as emails or phone calls, are documented on PowerPath for future reference. PowerPath also enables staff to create custom program applications for energy programs, track and store program data, process customer applications, and create program reports and dashboards.

The proposed Amendment No. 3 to the Agreement with Aiqueous will extend the term of the Agreement by one year to allow for continued CRM services to support both Energy Programs and Communications and Outreach efforts in FY 2023-24. The proposed Amendment will also increase the not-to-exceed amount of the Agreement for FY 2023-24 to cover necessary PowerPath licenses and Aiqueous support costs. Staff have identified a need for a total of 770 Aiqueous support hours for new and ongoing CRM configuration, program management support, and customer service support, which will be used on an as-needed basis.

Total license fees are $70,710 and Aiqueous support fees will not exceed $121,275, for a total contract amendment of $191,985. Updates to license costs and hourly Aiqueous staff rates are reflected in Exhibit B-1.

FISCAL IMPACT:

The contract funding is included in the FY 2023-24 Recommended Budget, the not-to-exceed amount of the Agreement will increase by $191,985.

CONCLUSION:

The Board’s approval of this action will enable staff to use PowerPath for CRM activities in support of Energy Programs and Communications and Outreach efforts in FY 2023-24.

ATTACHMENT(S):

1. 2021 Amended and Restated Standard Services Agreement with Aiqueous

2. 2022 Amendment No. 1 to the Amended and Restated Standard Services Agreement

3. 2023 Amendment No. 2. to the Amended and Restated Standard Services Agreement

4. Proposed Amendment No. 3 to the Amended and Restated Standard Services Agreement

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CENTRAL COAST COMMUNITY ENERGY

AMENDED AND RESTATED

STANDARD SERVICES AGREEMENT
This Amended and Restated Agreement (the “Agreement”) is made by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and AIQUEOUS, LLC (hereinafter “CONTRACTOR” or “AIQUEOUS”), a Texas limited liability company with its principal place of business located at 8213A Shoal Creek Blvd. #109, Austin, TX 78757. CCCE and CONTRACTOR may be individually referred to herein as “Party” or collectively as “Parties.”

RECITALS
WHEREAS, CCCE and CONTRACTOR entered into a Standard Services Agreement (the “Original Agreement”) on January 2, 2020 to provide Customer Relationship Management (“CRM”) services and support, and
WHEREAS, the Parties executed a First Amendment to the Agreement, dated as of November 14, 2020 ("Amendment No. 1”) to reduce the Not To Exceed Amount from $259,240 to $225,735, and to amend Exhibit A: Scope of Work and Exhibit B: Payment Terms, and WHEREAS, the Parties executed a Second Amendment to the Agreement, dated as of September 3, 2021 ("Amendment No. 2”) to increase the Not To Exceed Amount from $225,735 to 249,735, and to amend Exhibit B-1, and
WHEREAS, CCCE has continued need for services beyond the anticipated two (2) year Agreement period, and
WHEREAS, CCCE’s need for services and support has moved beyond the startup portions of work and now require greater flexibility for CCCE to identify and scope project needs, and WHEREAS, the Parties wish to amend and restate the Original Agreement in its entirety, along with all Amendments into this Agreement, and
NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto do agree as follows:

AGREEMENT
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 DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7

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and/or services are generally described as providing an integrated CRM and program management platform built on Salesforce.com through AIQUEOUS' POWERPATH solution.

2. PAYMENT PROVISIONS

2.1.1. The NTE in FY 2021-2022 shall not exceed $205,000.

2.1.2.The NTE in FY 2022-2023, shall not exceed $225,500 or such lessor amount consistent with the approved FY 2022-2023 Operating Budget.

3. TERM OF AGREEMENT

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

4. SCOPE OF SERVICES AND ADDITIONAL PROVISIONS

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

4.1.1.Exhibit A: Scope of Services

4.1.2.Exhibit B: Payment Terms

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

4.1.4. Exhibit D: Additional Terms

4.1.5. Exhibit E: Salesforce.com Service Agreement

4.1.6. Exhibit F: AIQUEOUS End User License Agreement

5. PERFORMANCE STANDARDS

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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 CCCE or immediate family of an employee of CCCE.

6. PAYMENT CONDITIONS

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

7. TERMINATION

7.2. CCCE may cancel and terminate this Agreement for good cause effective immediately upon written notice to CONTRACTOR. “Good cause” includes the failure of CONTRACTOR to perform the required services at the time and in the manner provided under this Agreement. If CCCE terminates this Agreement for good cause, CCCE may be relieved of the payment of any consideration to CONTRACTOR, and CCCE may proceed with the work in any manner, which DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7

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CCCE deems proper. The cost to CCCE shall be deducted from any sum due the CONTRACTOR under this Agreement.

8. INDEMNIFICATION

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

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

9. INSURANCE REQUIREMENTS

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

9.2.2.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.

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

9.2.4.Professional Liability Insurance, Not applicable.

10. RECORD AND CONFIDENTIALITY

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

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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, 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 DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7

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connection therewith, CONTRACTOR shall defend, indemnify, and hold CCCE harmless from any and all liability which CCCE may incur because of CONTRACTOR’s failure to pay such taxes.

13. NOTICES

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

Central Coast Community Energy AIQUEOUS, LLC
Chief Financial & Technology Officer Attn: Jonathan Kleinman, CEO 70 Garden Court, Suite 300 8213A Shoal Creek Blvd. #109, Monterey, CA 93940 Austin, TX 78759

14. MISCELLANEOUS PROVISIONS

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

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.

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

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

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

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

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

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

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

SIGNATURE OF THE PARTIES:

AIQUEOUS, LLC Central Coast Community Energy
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BY:__________________________________ BY:______________________________________ Jonathan Kleiman, CEO Tom Habashi, CEO
Date: ____________________________ Date: ____________________________ AIQUEOUS, LLC Approved as to Form
BY:__________________________________ BY:______________________________________ Title:_____________________________ Robert M. Shaw, Chief Operating Officer & General Counsel
Date: ____________________________ Date: ____________________________ Approved as to Financial Terms
BY:______________________________________
Tiffany Law, Chief Financial & Technology Officer
Date: ____________________________
DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7 Aiqueous General Counsel
9/20/2021
9/20/2021
9/20/2021
9/20/2021
9/20/2021

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Exhibit A: Scope of Services
AIQUEOUS shall provide customer relationship management (CRM), programs management, and other related services and software-as-a-service (SaaS) to support CCCE customer communication and engagement, customer service, analytics, and energy program delivery.

CCCE shall request, and AIQUEOUS shall provide, support services on a case-by-case basis, including but not limited to the tasks listed below. CCCE shall, in writing and no later than five (5) business days prior to the next two-week cycle of support services scheduled by AIQUEOUS, sufficiently define the request for deliverables or services using a mutually agreed upon method, such as an intake form, or some other such method to provide sufficient detail of the request. AIQUEOUS shall confirm receipt of CCCE requests immediately, but in no case more than two (2) businesses days after receipt. As part of its confirmation, if necessary, AIQUEOUS may request further information from CCCE to complete a quote, for which CCCE will provide to AIQUEOUS in no more than two (2) business days. Within five (5) businesses days or less following receipt of all sufficient information, AIQUEOUS shall provide a quote for all things necessary to complete the requested deliverables and/or services. The quote shall include an estimate of costs for staff hours to complete the work and estimated start and delivery dates. The quote may include other necessary costs for software, third-party services, or additional licensing.

AIQUEOUS shall not begin work without CCCE authorization and written acceptance of AIQUEOUS’s quote. Completion of deliverables and services are subject to CCCE approval and must be accepted by CCCE prior to invoicing by the AIQUEOUS.

Should the delivery of the support services identify additional or more complex requirements than could have been reasonably estimated by AIQUEOUS based upon the request for deliverables, AIQUEOUS will submit a follow up request for additional staff hours and / or any other necessary costs. AIQUEOUS shall not begin any additional work without CCCE authorization and acceptance of AIQUEOUS' supplemental quote.

To promote adequate resourcing for AIQUEOUS’ support services, AIQUEOUS and CCCE will work in good faith to ensure consistent requests for support services over the course of each fiscal year.

Anticipated Tasks
Tasks below are subject to change based on CCCE programs, projects, and other needs related to CRM and program management.

Communications and Outreach Tasks
 Data Integration and Automation
• Integration of POWERPATH to the NewGen Data Analytical Platform • Integration of PG&E 4013 data
• Integration of SCE Eligible Customer List
 Wrike Integration
• Integrate POWERPATH and Wrike to provide project management capabilities within

POWERPATH
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 SCE Enrollment (cont.)
• Tag SCE Key Accounts
• Build out SCE Key Account Views
• SCE Enrollment Report
• SCE Enrollment Dashboards /Widgets
 Importation of regularly scheduled data release
• Re-integrate PG&E Item 16 and Item 17
• Integrate SCE Final Output Table and H.U.D.
 Additional CRM configuration and ongoing support
• Mass mailer integration
• Vendor Registry Enhancements
• Other services as needed
Energy Programs Tasks
 Full-build out and integration of new energy programs into CRM • Residential Electrification Program
• Battery Storage Pilot
• Summer Readiness Program
• Monterey Bay Area Public EVSE Program
• Energy Education, Workforce Development, and Innovation Grant Program • Unspecified New Energy Program #1
• CALeVIP - South Central Coast Incentive Program
• Reach Code Program
 Modify, integrate, or reintegrate ongoing/continuing energy programs in CRM • Agriculture Electrification Program
• New Construction Electrification Program
• Electrify Your Ride and Charge Your Ride Program
• Electric School Bus Program
• Uninterruptible Power Supply Program
 Integrate data from previously closed programs into CRM • CALeVIP – Central Coast Incentive Program
• Monterey Bay Electric Vehicle Incentive Program (MBeVIP) • Project Sunshine
 Create and/or optimize Energy Programs dashboards and reports • Develop 33 Customizable Energy Program Dashboards for CCCE member agencies and establish e-mail subscriptions for each
• Prepare new, or optimize existing, Salesforce reports and dashboards, as needed.  Additional Energy Programs Support, as requested
General Support Tasks
 Azure Integration
 Staff training
• Repetitive tasks for training or retaining
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• Data loader – 4013 updates
• Formstack – Survey/Applications/Etc
 Set up method for third party implementers to use our salesforce platform and to connect their data platform with POWERPATH.

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Exhibit B: Payment Terms
CCCE shall provide payments to AIQUEOUS for the performance of all things necessary for, or incidental to, work authorized by CCCE staff, as set forth in Exhibit A: Scope of Services. AIQUEOUS’s compensation for services rendered shall be based on the following rates or in accordance with the following terms:

Annual Licensing
Annual licensing costs for Salesforce and Formstack at the beginning of FY 2021 - 22 will be $56,120.

Additional licenses fees from Salesforce, Formstack, and other necessary software may be included under this Agreement, subject to CCCE approval. Licensing costs for each additional year during the terms of this agreement may be subject to change.

Staring annual license with fees for FY 2021-22 associated POWERPATH are detailed below:

No. of
ECOiQ
User
Licences
ECOiQ User
Licences
Cost
(Annual)
ECOiQ
Community Plus
Licence Cost
(Annual)
ECOiQ
Partial
Sandbox
Formstack
Licence Cost
(Annual)
Total
C&O 14 $31,080 $3,210 $1,350 $35,640
Programs 7 $15,540 $1,800 $1,790 $1,350 $20,480
Total $46,620 $1,800 $5,000 $2,700 $56,120
Additional ECOiQ User licenses can be purchased at a cost of $220 per month, and additional ECOiQ Community Plus User licenses can be purchased in blocks of 10 at a total cost of $180 per month.

AIQUEOUS licenses fees escalate at a rate of 5% per year.

Annual Support
AIQUEOUS will provide support services on an as needed basis at a rate of $150 per hour.

Incident management (i.e., system bugs and breaks) for POWERPATH does not count against maintenance and support hours and CCCE will not be invoiced for AIQUEOUS staff costs to remedy such incidents.

Invoicing
On October 31 of each year for the term of this Agreement, AIQUEOUS will invoice costs for license fees.

Additional licenses will be invoiced to CCCE upon CCCE authorization.

Notwithstanding Section 6 of this Agreement, on the last day of each month over the term of this Agreement, AIQUEOUS will invoice for authorized support hours and any other additional authorized costs under this Agreement, per Exhibit A. AIQUEOUS invoices shall indicate the number of hours worked over the specified period to support each department (Energy Program and Communications & Outreach), year to date expenditures, and remaining budget.

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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)

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

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

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

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

PROCEDURE
Detecting and Reporting of Unauthorized Releases

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

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.

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Unauthorized Release Handling Procedure

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

Review and Training

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

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

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Exhibit D: Additional Terms

1. CCCE’s Responsibilities

1.1. CCCE shall be solely responsible for ensuring that its collection, possession, maintenance and delivery of relevant information to AIQUEOUS, and that CCCE's use of goods and services contemplated by this Agreement is, at all times, in compliance with any applicable privacy policy, law, rule or regulation, including but not limited to any privacy policy, law, rule or regulation applicable to personally identifiable information or other Confidential information.

1.2. CCCE has sole and exclusive responsibility for misuse including but not limited to unlawful use of the goods and services contemplated by this Agreement and provided by AIQUEOUS to the CCCE or data generated from or resulting from the use of such goods and services without limitation. CCCE shall establish proper internal procedures and safeguards to prevent the misuse of those goods and services or any data or materials generated from the use of such goods and services.

1.3. CCCE shall timely provide to or ensure that AIQUEOUS is provided with any and all information requested and in a format specified by AIQUEOUS in order to perform AIQUEOUS' duties under this Agreement. AIQUEOUS shall be entitled, without further inquiry, to rely on the authenticity and accuracy of any and all information and communications of whatever nature from CCCE in good faith. AIQUEOUS shall not be responsible or liable to any person for any damage whatsoever caused directly or indirectly by virtue of such communications or information provided by CCCE which are not authentic or are inaccurate.

2. Conditions of Use

2.1. The goods and services contemplated in this Agreement may require use of identifying digital information in the form of User IDs and Passwords. CCCE, and any and all users gaining access to the goods and services of this Agreement provided to CCCE, shall not permit or allow other persons to have access to or unique identifying information including but not limited to User IDs, usernames, and password.

2.2. AIQUEOUS shall not be liable for any unauthorized access to any goods delivered to or services provided to CCCE or associated data including but not limited to Aggregated Data and Confidential Information by a person using a User ID and/or password provided to CCCE or used by it or one of its representatives, affiliates, employees, or other agent with authority or apparent authority. CCCE shall keep all such information confidential and shall immediately notify AIQUEOUS if CCCE believes or should have reason to believe that any unauthorized access has occurred or may occur.

2.3. AIQUEOUS may block access to any of the goods and services described by this Agreement without prior notice if AIQUEOUS believes that unauthorized use is being made of goods or services provided to CCCE.

3. Aggregated Data

3.1. "Aggregated Data" means "aggregated and statistical data derived from the operation of the Service, including, without limitation, information, improvements, updates, enhancements, business practices, trends, analyses, metadata, performance results or other information or data which may develop in the course performance of the Parties' duties under this Agreement.

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"Aggregated Data" shall not include any personally-identifying information or "Covered Information" as defined in Exhibit C.

3.2. Nothing in this Agreement shall be construed as prohibiting AIQUEOUS from utilizing Aggregated Data for purposes of improving or operating AIQUEOUS' business, provided that AIQUEOUS' use of Aggregated Data will not reveal "Confidential Information" or "Covered Information" including personally-identifying information to the public at-large.

4. AIQUEOUS' Propriety Information and Other Property

4.1. AIQUEOUS' property shall remain the property of AIQUEOUS. No other person, including but not limited to CCCE, shall acquire any license, right to use, right to sell, right to create derivative works, right to disclose, right to lease, nor any other ownership or controlling interest in AIQUEOUS property, in whole or in part.

4.2. CCCE is expressly prohibited from and shall not copy, reproduce, distribute, share, modify, or make claims of ownership to goods or services delivered by AIQUEOUS, in whole or in part, and including but not limited to: any data generated or made possible by implementation of this Agreement without AIQUEOUS' prior written consent.

4.3. Without limiting the foregoing in any way, CCCE may not copy, reproduce or retransmit any logo, graphic, image, form or feature of AIQUEOUS-delivered goods or services unless expressly permitted by AIQUEOUS in writing in advance of such copying, reproduction or retransmission.

This Agreement does not limit any rights or remedies that AIQUEOUS may pursue for unlawful transmission, distribution, or other actions against its legal interests. All rights to materials provided to CCCE under this Agreement not expressly granted to CCCE by this Agreement are reserved to AIQUEOUS.

4.4. CCCE shall not make any unlicensed modifications of, derivative works based on, improvements, enhancements, or variations upon any goods or services provided it by AIQUEOUS before, during, or after the Effective Date of this Agreement. Should CCCE, or any person, individual, third-party gaining access to AIQUEOUS' goods and services through those provided to CCCE, make such works, CCCE hereby agrees to and does assign to AIQUEOUS all rights, titles, and interests (whether possessed solely or jointly) to AIQUEOUS to any so created works. CCCE agrees to execute, acknowledge, and deliver to AIQUEOUS upon AIQUEOUS' request and at CCCE's expense, all assignments and/or other instruments that AIQUEOUS may reasonably request to effectuate such assignment.

4.5. CCCE shall not disclose information about AIQUEOUS property including but not limited to all goods and services comprising the subject matter of this Agreement, this Agreement, and any and all actions by the Parties in bringing about this Agreement, to any person not authorized in prior writing by AIQUEOUS, unless required to do so by enforceable order of law or as necessary to fully satisfy this Agreement. CCCE shall make all commercially reasonable efforts to prevent any such disclosure.

5. Method of Communication

5.1. AIQUEOUS and its suppliers, vendors, or affiliates may choose to communicate with you from time to time about the goods or services that comprise the subject matter of this Agreement, data and/or information of any type arising out of, created, generated, or gathered following the Effective Date of the Agreement, or any other subject matter arising out of or related to this Agreement.

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5.2. CCCE consents to receive communications from AIQUEOUS electronically. CCCE shall keep its email address and other digital contact information up-to-date and immediately provide AIQUEOUS with any changes to such information.

5.3. AIQUEOUS may communicate via electronic means contemplated by this Agreement including but not limited to email, Internet postings, application updates and notifications, and any other digital means of communication. CCCE agrees that with the exception of breach or termination notices, all agreements, notices, disclosures and other communications that AIQUEOUS provides electronically satisfy any legal requirement that such communication be in writing.

5.4. CCCE agrees and fully understands that its consent to do business electronically as required by this Agreement extends to all duties arising out of and under this Agreement as between both parties except as provided for herein.

5.5. CCCE agrees and fully understands that CCCE is solely responsible for providing any required equipment in order to receive any such electronic communications, including but not limited to Internet access costs.

6. Public Listing

6.1. CCCE agrees that AIQUEOUS may publicly list Monterey Bay Community Power as an AIQUEOUS customer in connection with its marketed-relating activities. Except that AIQUEOUS shall not use CCCE's logo in its marketing related activities.

6.2. CCCE may properly identify AIQUEOUS and generally describe the goods and services constituting the subject matter of the Agreement and other related terms of the Agreement as necessary to secure consideration necessary to generate this Agreement or satisfy its obligations under the Agreement.

7. Miscellaneous

7.1. Force Majeure - AIQUEOUS shall not be responsible for any losses or damages, including losses or damages resulting from AIQUEOUS' failure to fulfill its obligations under this Agreement if such losses, damages, or failure to perform is caused, directly or indirectly, by war, terrorist or analogous activity, the act of any Government Authority, riot, loss of power, loss of Internet connectivity, storm, accident, fire, lockout, strike, computer error or failure, delay or breakdown in communications or electronic transmission systems, or analogous events.

AIQUEOUS shall use commercially reasonable efforts to perform and/or minimize such damages and losses in the case of any such event.

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Exhibit E: SFDC Service Agreement
“AppExchange” means the online directory of on-demand applications that work with the SFDC Service, located at http://www.appexchange.com or at any successor websites. “Customer Data” means all electronic data or information submitted by You as and to the extent it resides in the Platform or SFDC Service.
“Platform” means the online, Web-based platform service provided by SFDC to Reseller in connection with Reseller’s provision of the Reseller Application to You. “Reseller” means AIQUEOUS, LLC.
“Reseller Application” means ECOiQ® and associated brands, POWERPATH® and WaterWays® “SFDC Service” means the online, Web-based service generally made available to the public via http://www.salesforce.com and/or other designated websites, including associated offline components but excluding Third-Party Applications. For purposes of this SFDC Service Agreement, the SFDC Service does not include the Platform.
“SFDC” means, collectively, salesforce.com, inc. and its affiliates. “Third-Party Applications” means online, Web-based applications and offline software products that are provided by third parties and are identified as third-party applications, including but not limited to those listed on the AppExchange and the Reseller Application. “Users” means Your employees, representatives, consultants, contractors, agents and third parties with whom You conduct business who are authorized to use the Platform subject to the terms of this SFDC Service Agreement as a result of a subscription to the Reseller Application having been purchased for such User, and have been supplied user identifications and passwords by You (or by SFDC or Reseller at Your request).
“You” and “Your” means the customer entity which has contracted to purchase subscriptions to use the Reseller Application subject to the conditions of this SFDC Service Agreement, together with any other terms required by Reseller.

1. Use of Platform.
(a) Each User subscription to the Reseller Application shall entitle one User to use the Platform via the Reseller Application, subject to the terms of this SFDC Service Agreement, together with any other terms required by Reseller. User subscriptions cannot be shared or used by more than one User (but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment with You or otherwise changed job status or function and no longer require use of the Platform). For clarity, Your subscription to use the Platform hereunder does not include a subscription to use the SFDC Service generally or to use it in connection with applications other than the Reseller Application. If You wish to use the SFDC Service or any of its functionalities or services other than those included in the Reseller DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7

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Application, or to create or use additional custom objects beyond those which appear in the Reseller Application in the form that it has been provided to You by Your Reseller, visit www.salesforce.com to contract directly with SFDC for such services. In the event Your access to the Reseller Application provides You with access to the SFDC Service generally or access to any Platform or SFDC Service functionality within it that is in excess of the functionality described in the Reseller Application’s user guide, and You have not separately subscribed under a written contract with SFDC for such access, then You agree to not access or use such functionality, and You agree that Your use of such functionality, or Your creation or use of additional custom objects in the Reseller Application beyond that which appears in the Reseller Application in the form that it has been provided to You by your Reseller, would be a material breach of this Agreement. (b) If Your subscription to use the Platform hereunder includes Salesforce Mobile, You understand that prior to purchasing Salesforce Mobile, You should refer to the Mobile Device list located at http://www.salesforce.com/mobile/devices/ for information on mobile devices that are supported by SFDC. You agree that SFDC will not provide any refunds, credits or other compensation or remedies in connection with Your purchase of Salesforce Mobile for any mobile devices that are not supported by SFDC. Third party mobile device, operating system and network connectivity providers may, at any time, cease distribution of, interrupt, deinstall and/or prevent use of Salesforce Mobile clients on supported mobile devices without entitling You to any refund, credit or other compensation or remedies.
(c) Notwithstanding any access You may have to the Platform or the SFDC Service via the Reseller Application, Reseller is the sole provider of the Reseller Application and You are entering into a contractual relationship solely with Reseller. In the event that Reseller ceases operations or otherwise ceases or fails to provide the Reseller Application, SFDC has no obligation to provide the Reseller Application or to refund You any fees paid by You to Reseller.
(d) You (i) are responsible for all activities occurring under Your User accounts; (ii) are responsible for the content of all Customer Data; (iii) shall use commercially reasonable efforts to prevent unauthorized access to, or use of, the Platform and the SFDC Service, and shall notify Reseller or SFDC promptly of any such unauthorized use You become aware of; and (iv) shall comply with all applicable local, state, federal and foreign laws and regulations in using the Platform.
(e) You shall use the Platform and the SFDC Service solely for Your internal business purposes and shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform or the SFDC Service available to any third party, other than to Users or as otherwise contemplated by this SFDC Service Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (iv) send or store viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Platform or the SFDC Service or the data contained therein; or (vi) DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7

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attempt to gain unauthorized access to the Platform or the SFDC Service or its related systems or networks.
(f) You shall not (i) modify, copy or create derivative works based on the Platform or the SFDC Service; (ii) frame or mirror any content forming part of the Platform or the SFDC Service, other than on Your own intranets or otherwise for Your own internal business purposes; (iii) reverse engineer the Platform or the SFDC Service; or (iv) access the Platform or the SFDC Service in order to (a) build a competitive product or service, or (b) copy any ideas, features, functions or graphics of the Platform or the SFDC Service.

2. Third-Party Providers. Reseller and other third-party providers, some of which may be listed on pages within SFDC’s website and including providers of Third-Party Applications, offer products and services related to the Platform, the SFDC Service, and/or the Reseller Application, including implementation, customization and other consulting services related to customers’ use of the Platform and/or the SFDC Service, and applications (both offline and online) that interoperate with the Platform and/or the SFDC Service such as by exchanging data with the Platform and/or the SFDC Service or by offering additional functionality within the user interface of the Platform and/or the SFDC Service through use of the Platform and/or SFDC Service's application programming interface. SFDC does not warrant any such third-party providers or any of their products or services, including but not limited to the Reseller Application or any other product or service of Reseller, whether or not such products or services are designated by SFDC as “certified,” “validated” or otherwise. Any exchange of data or other interaction between You and a third-party provider, including but not limited to the Reseller Application, and any purchase by You of any product or service offered by such third-party provider, including but not limited to the Reseller Application, is solely between You and such third-party provider. In addition, from time to time, certain additional functionality (not defined as part of the Platform or SFDC Service) may be offered by SFDC or Reseller to You, for an additional fee, on a pass-through or OEM basis pursuant to terms specified by the licensor and agreed to by You in connection with a separate purchase by You of such additional functionality. Your use of any such additional functionality shall be governed by such terms, which shall prevail in the event of any inconsistency with the terms of this SFDC Service Agreement.

3. Integration with Third-Party Applications. If You install or enable Third-Party Applications for use with the Platform or SFDC Service, You acknowledge that SFDC may allow providers of those Third- Party Applications to access Customer Data as required for the interoperation of such Third Party Applications with the Platform or SFDC Service. SFDC shall not be responsible for any disclosure, modification or deletion of Customer Data resulting from any such access by Third-Party Application providers. In addition, the Platform and SFDC Service may contain features designed to interoperate with Third-Party Applications (e.g., Google, Facebook or Twitter applications). To use such features, You may be required to obtain access to such Third-Party Applications from their providers. If the provider of any such Third-Party Application ceases to make the Third-Party Application available for interoperation with the corresponding Platform or SFDC Service features on reasonable terms, SFDC may cease providing such Platform or SFDC Service features without entitling You to any refund, credit, or other compensation.

4. Access by Reseller. To the extent Reseller serves as the administrator of the Reseller Application for You, You acknowledge that your use of the Reseller Application may be monitored by Reseller and Reseller may access Customer Data submitted to the SFDC Service or Reseller DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7

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Application. By agreeing to this SFDC Service Agreement, you are consenting to such monitoring and access by Reseller.

5. Return of Customer Data. You have thirty (30) days from the date of termination your Reseller Application subscription term in which to request a copy of Customer Data, which will be made available to You in a .csv format. Any modifications to such Customer Data made by the Reseller Application outside of the Platform (if any) will not be captured in Customer Data as returned and the return of any such modified data shall be the responsibility of Reseller.

6. Proprietary Rights. Subject to the limited rights expressly granted hereunder, SFDC reserves all rights, title and interest in and to the Platform and the SFDC Service, including all related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth in this SFDC Service Agreement. The Platform and the SFDC Service is deemed SFDC confidential information, and You will not use it or disclose it to any third party except as permitted in this SFDC Service Agreement.

7. Compelled Disclosure. If either You or SFDC is compelled by law to disclose confidential information of the other party, it shall provide the other party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the other party’s cost, if the other party wishes to contest the disclosure.

8. Suggestions. You agree that SFDC shall have a royalty-free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into any SFDC products or services any suggestions, enhancement requests, recommendations or other feedback provided by You or Your Users relating to the operation of the Platform and/or the SFDC Service.

9. Suspension and Termination. Your use of the Platform and the SFDC Service may be immediately terminated and/or suspended upon notice due to (a) a breach of the terms of this SFDC Service Agreement by You or any User, (b) the termination or expiration of Reseller’s agreement with SFDC pursuant to which Reseller is providing the Platform as part of the Reseller Application to You, and/or (c) a breach by Reseller of its obligations to SFDC with respect to the subscriptions it is providing to You in connection with this SFDC Service Agreement. If You use the Reseller Application in combination with a SFDC Service Org other than the Org provisioned solely for use with the Reseller Application (a “Shared org”) You acknowledge and understand that (i) access to such Org, including the Reseller Application used in connection with such Org, may be suspended due to Your non- payment to SFDC or other breach of Your Agreement with SFDC, and (ii) in the event Your relationship with SFDC is terminated as a result of non-payment or other material breach of Your agreement with SFDC, Your Platform subscriptions would also be terminated. In no case will any such termination or suspension give rise to any liability of SFDC to You for a refund or other compensation.

10. Subscriptions Non-Cancelable. Subscriptions for the Platform are non-cancelable during a subscription term, unless otherwise specified in Your agreement with Reseller.

11. No Warranty. SFDC MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO

WITH RESPECT TO THE PLATFORM, THE SFDC SERVICE, AND/OR THE RESELLER APPLICATION, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT

PERMITTED BY LAW, SFDC DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES,

WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM,

THE SFDC SERVICE, AND/OR THE RESELLER APPLICATION, INCLUDING, WITHOUT LIMITATION, DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7

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ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

12. No Liability. IN NO EVENT SHALL SFDC HAVE ANY LIABILITY TO YOU OR ANY USER FOR ANY

DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL,

INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES BASED ON LOST PROFITS,

HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Further Contact. SFDC may contact You regarding new Platform and SFDC Service features and offerings.

14. Third Party Beneficiary. SFDC shall be a third party beneficiary to the agreement between You and Reseller solely as it relates to this SFDC Service Agreement.

15. Applicability. The terms of this SFDC Service Agreement govern the Platform provided to You by Reseller in connection with Reseller’s provision of the Reseller Application to You. For clarity, the terms of this SFDC Service Agreement do not supersede any agreement between SFDC and You with respect to SFDC Services purchased by You directly from SFDC.

DocuSign Envelope ID: 406D307C-8A2E-4837-A68E-C80FF74FB3E7

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DocuSign Envelope ID: C74B6893-7B98-4FD6-90BB-29E3D8C9B055 AMENDMENT NO. 1 TO AGREEMENT BETWEEN AIQUEOUS AND CCCE FOR CRM MANAGEMENT SERVICES | EP-2022-012 AMENDMENT NO. 1

TO SERVICES AGREEMENT BETWEEN AIQUEOUS, LLC AND

CENTRAL COAST COMMUNITY ENERGY
This Amendment No. 1 to the Services Agreement (“Agreement”) which was effective on September 30, 2021, is entered into by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and AIQUEOUS, LLC (hereinafter “CONTRACTOR” or “AIQUEOUS”), a Texas limited liability company with its principal place of business located at 8213A Shoal Creek Blvd. #109, Austin, TX 78757. CCCE and CONTRACTOR are referred to individually herein as “Party,” or collectively, as the “Parties”, with respect to the following:

AGREEMENT
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Amend section 2. Payment Provisions to read as follows:

2.1.1. The NTE in FY 2021-2022 shall not exceed $238,750.

2.1.2. The NTE in FY 2022-2023, shall not exceed $225,500 or such lessor amount consistent with the approved FY 2022-2023 Operating Budget.

DocuSign Envelope ID: F403062B-5566-4583-9F75-97DC4F3634DE

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DocuSign Envelope ID: C74B6893-7B98-4FD6-90BB-29E3D8C9B055 AMENDMENT NO. 1 TO AGREEMENT BETWEEN AIQUEOUS AND CCCE FOR CRM MANAGEMENT SERVICES | EP-2022-012

2. Except as provided herein, all remaining terms, conditions and provisions of the Agreement are unchanged and unaffected by this Amendment No. 1 and shall continue in full force and effect.

3. A copy of this Amendment No.1 shall be attached to the Original Agreement.

4. This Amendment No. 1 shall be effective when signed by both parties.

DocuSign Envelope ID: F403062B-5566-4583-9F75-97DC4F3634DE

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DocuSign Envelope ID: C74B6893-7B98-4FD6-90BB-29E3D8C9B055 AMENDMENT NO. 1 TO AGREEMENT BETWEEN AIQUEOUS AND CCCE FOR CRM MANAGEMENT SERVICES | EP-2022-012 IN WITNESS WHEREOF, the parties hereto have set their handsthe day and year first above written.

Vendor Central Coast Community Energy
BY:

Title: CEO
8/1/2022
Date:

BY:

Tom Habashi, CEO
Date:

Vendor Approved as to Form
BY:

Title: AIQUEOUS General Counsel
8/1/2022
Date:

BY:

Brian Kimball General Counsel
Date:

Approved as to Financial Terms
BY:

Jaya Bajpai, Chief Financial Officer
Date:

DocuSign Envelope ID: F403062B-5566-4583-9F75-97DC4F3634DE 8/11/2022
8/11/2022
8/11/2022

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Amendment No. 2 To Agreement Between AIQUEOUS and 3CE for CRM EP-2023-017 1 AMENDMENT NO. 2

TO SERVICES AGREEMENT BETWEEN AIQUEOUS, LLC AND

CENTRAL COAST COMMUNITY ENERGY
This Amendment No. 2 to the Services Agreement (“Agreement”) which was effective on September 30, 2021, is entered into by and between CENTRAL COAST COMMUNITY ENERGY (“3CE”) and AIQUEOUS, LLC (hereinafter “CONTRACTOR” or “AIQUEOUS”), a Texas limited liability company with its principal place of business located at 8213A Shoal Creek Blvd. #109, Austin, TX 78757. 3CE and CONTRACTOR are referred to individually herein as “Party,” or collectively, as the “Parties”, with respect to the following:

RECITALS
WHEREAS, 3CE and CONTRACTOR entered into a Standard Services Agreement (the “Original Agreement”) on January 2, 2020 to provide Customer Relationship Management (“CRM”) services and support, and
WHEREAS, the Parties executed an Amended and Restated Agreement on September 30, 2021, with a total not to exceed amount of $430,500 for a term ending on September 30, 2023, and
WHEREAS, the Parties executed an Amended No. 1 to the Agreement on August 10, 2022, with an increased total not to exceed amount of $464,250, and WHEREAS, 3CE’s need for program and CRM management services in fiscal year 2022- 2023 require additional support from AIQUEOUS, which will increase the number of CONTRACTOR support hours by 260 hours and increase the total not to exceed amount by $39,000 for a total not to exceed amount of $503,250.

AGREEMENT
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Amend section 2. Payment Provisions to read as follows:

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 $503,250.00 (the “NTE”), limited in each fiscal year as follows:

2.1.1. The NTE in FY 2021-2022 shall not exceed $238,750.

2.1.2. The NTE in FY 2022-2023 shall not exceed $264,500.

DocuSign Envelope ID: 2BC382F6-0B52-420C-980D-9E85D4FAE6CC

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Amendment No. 2 To Agreement Between AIQUEOUS and 3CE for CRM EP-2023-017 2

2. Except as provided herein, all remaining terms, conditions and provisions of the Agreement are unchanged and unaffected by this Amendment No. 2 and shall continue in full force and effect.

3. A copy of this Amendment No.2 shall be attached to the Original Agreement.

4. This Amendment No. 2 shall be effective when signed by both parties.

DocuSign Envelope ID: 2BC382F6-0B52-420C-980D-9E85D4FAE6CC

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Amendment No. 2 To Agreement Between AIQUEOUS and 3CE for CRM EP-2023-017 3 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

AIQUEOUS, LLC CENTRAL COAST COMMUNITY ENERGY
BY:__________________________________ BY:______________________________________ Jonathan Kleinman, Chief Executive Officer Robert M. Shaw, Chief Executive Officer Date: ____________________________ Date: ____________________________ Approved as to Form
BY:___________________________________
Brian Kimball General Counsel
Date: ____________________________
Approved as to Financial Terms
BY:______________________________________
Dewayne Woods, Chief Financial Officer
Date: ____________________________
DocuSign Envelope ID: 2BC382F6-0B52-420C-980D-9E85D4FAE6CC 5/15/2023
5/15/2023
5/16/2023
5/16/2023

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Amendment No. 3 To Agreement Between AIQUEOUS and 3CE for CRM Management Services Page 1 of 4 AMENDMENT NO. 3

TO SERVICES AGREEMENT BETWEEN AIQUEOUS, LLC AND

CENTRAL COAST COMMUNITY ENERGY
This Amendment No. 3 to the Amended and Restated Services Agreement (“Agreement”) which was effective on September 30, 2021, is entered into by and between CENTRAL COAST COMMUNITY ENERGY (“3CE”) and AIQUEOUS, LLC (hereinafter “CONTRACTOR” or “AIQUEOUS”), a Texas limited liability company with its principal place of business located at 8213A Shoal Creek Blvd. #109, Austin, TX 78757. 3CE and CONTRACTOR are referred to individually herein as “Party,” or collectively, as the “Parties”, with respect to the following:

RECITALS
WHEREAS, 3CE and CONTRACTOR entered into a Standard Services Agreement (the “Original Agreement”) on January 2, 2020 to provide Customer Relationship Management (“CRM”) services and support, and
WHEREAS, the Parties executed an Amended and Restated Agreement (“Agreement”) on September 30, 2021, with a total not to exceed amount of $430,500 for a term ending on September 30, 2023, and
WHEREAS, the Parties executed an Amended No. 1 to the Agreement on August 10, 2022, with an increased total not to exceed amount of $464,250, and WHEREAS, the Parties executed an Amended No. 2 to the Agreement on May 16, 2023, with an increased total not to exceed amount of $503,250, and WHEREAS, 3CE requires program and CRM management services from AIQUEOUS in fiscal year 2023-2024, which will increase the total not to exceed amount by $191,985 for a total of $695,235 and extend the term of the Agreement to September 30, 2024.

AGREEMENT
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Amend section 2. Payment Provisions to read as follows:

2.1. 3CE shall pay the CONTRACTOR in accordance with the payment provisions set forth in Exhibit B-1, 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 $695,235.00 (the “NTE”), limited in each fiscal year as follows:

2.1.1. The NTE in FY 2021-2022 shall not exceed $238,750.

2.1.2. The NTE in FY 2022-2023 shall not exceed $264,500.

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Amendment No. 3 To Agreement Between AIQUEOUS and 3CE for CRM Management Services Page 2 of 4

2.1.3. The NTE in FY 2023-2024 shall not exceed $191,985 or such lessor amount consistent with the approved FY 2023-2024 Operating Budget.

2. Amend the first sentence of Section 3.1 to read as follows:

The term of this Agreement is from the date of execution until September 30, 2024, unless sooner terminated pursuant to the terms of this Agreement.

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

4. Except as provided herein, all remaining terms, conditions and provisions of the Agreement are unchanged and unaffected by this Amendment No. 3 and shall continue in full force and effect.

5. A copy of this Amendment No. 3 shall be attached to the Agreement.

6. This Amendment No. 3 shall be effective when signed by both parties.

IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

Vendor Central Coast Community Energy
BY:__________________________________ BY:______________________________________ Title:_____________________________ Robert M. Shaw, CEO Date: ____________________________ Date: ____________________________ Approved as to Form
BY:___________________________________
Charles J. McKee, General Counsel
Date: ____________________________
Approved as to Financial Terms
BY:______________________________________
Dewayne Woods, CFO
Date: ____________________________

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Amendment No. 3 To Agreement Between AIQUEOUS and 3CE for CRM Management Services Page 3 of 4 Exhibit B-1: Payment Terms
CCCE shall provide payments to AIQUEOUS for the performance of all things necessary for, or incidental to, work authorized by CCCE staff, as set forth in Exhibit A: Scope of Services and in accordance with Section 2:

Payment Provisions. AIQUEOUS’s compensation for services rendered shall be based on the following rates or in accordance with the following terms:

Annual Licensing
Annual licensing costs for POWERPATH and Formstack at the beginning of FY 2023 - 24 will be $70,710.

Additional licenses fees for POWERPATH, Formstack, and other necessary software may be included under this Agreement, subject to CCCE approval. Licensing costs for each additional year during the terms of this agreement may be subject to change.

Staring annual license with fees for FY 2023-24 associated POWERPATH are detailed below:

C&O Programs IT / TBD Total
POWERPATH CCCE Users 13 6 4 23
POWERPATH CCCE User Cost $30,420 $14,040 $11,700 $53,820 POWERPATH Portal User Cost
(10 external users)
$2,400 $2,400
POWERPATH Full Sandbox
Cost
$6,240 $3,360 $2,400 $12,000
Formstack Forms Annual Cost $2,490 $2,490
TOTAL $36,660 $22,290 $11,760 $70,710
Additional POWERPATH user licenses can be purchased at a cost of $195 per month, and additional POWERPATH Portal licenses can be purchased in blocks of 10 at a total cost of $200 per month. AIQUEOUS licenses fees escalate at a rate of 5% per year.

Annual licensing includes the following:
 Access to AIQUEOUS’ ticketing system – Jira Service Management  Resolution of system bugs that arise on POWERPATH
 Up to 10 total (i.e., across all licenses) non-bug support incidents per month, with a cap of up to 10 total hours of support per month with the ability to roll unused hours forward one month.  All new Salesforce (three times per year) releases
New Configurations and Annual Ongoing Support
AIQUEOUS will provide both new configurations and annual ongoing support services on an as needed basis at a rate of $157.50 per hour, in accordance with Exhibit A: Scope of Services. This provides up to 770 hours - or a total of $121,275 in support services - for FY 2023-24 based on a not to exceed amount of $191,985.

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Amendment No. 3 To Agreement Between AIQUEOUS and 3CE for CRM Management Services Page 4 of 4 As stated under “Annual Licensing,” above Incident management (i.e., system bugs and breaks) and up to 10 non-bug incidents (at a maximum of 10 hours per month for non-bug incidents) for POWERPATH does not count against new configurations and annual ongoing support hours and CCCE will not be invoiced for AIQUEOUS staff costs for such incidents.

Invoicing
On October 31 of each year for the term of this Agreement, AIQUEOUS will invoice costs for license fees.

Additional licenses will be invoiced to CCCE upon CCCE authorization.

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Staff Report Item 5
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
PREPARED BY: Luke Meade, Communications Specialist
SUBJECT: Approve and authorize the CEO to execute an agreement with Boone Graphics for communication and marketing services with a term of September 15, 2023 through September 30, 2026 for a total not to exceed amount of $363,812 DATE: September 13, 2023
RECOMMENDATION:

This recommends the Operations Board approve and authorize the CEO to execute an agreement with Boone Graphics for communication and marketing services with a term of September 15, 2023 through September 30, 2026 for a total not to exceed amount of $363,812.

BACKGROUND:

Boone Graphics was initially awarded a one-year agreement in August 2020 for printing and mailing services. That initial agreement was amended in August 2021 to extend the contract through September 2023.

Staff conducted a request for proposals from qualified printing and mailing vendors earlier in 2023 and selected Boone Graphics.

DISCUSSION/ANALYSIS:

Throughout the year, 3CE both elects to and is required to send a variety of mailed customer notifications. Doing so requires print and mailing services including bulk-postage rate capabilities and demands timely responses to regular monthly and bi-monthly mailing lists provided by 3CE’s data management provider, as well as timely responses to additional mailers 3CE may elect to send.

In addition to general Noticing and Mailers needs, 3CE has needs for Required Mailers to all customers two times each year, and to each enrolling customer during times of enrolling new customers.

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In support of 3CE’s annual Marketing & Communications efforts, 3CE utilizes general printing services to produce various printed collateral items such brochures, fact sheets, folders, business cards, etc.

If awarded, the proposed printing and mailing agreement would extend through September 2026.

FISCAL IMPACT:

The total amount payable by 3CE to Boone Graphics under this Agreement shall not exceed the sum of $363,812, inclusive of postage and a 15% contingency. This contract is in the FY 2023-24 Recommended Budget and will be included in future requested budgets.

CONCLUSION:

Approval of the recommended agreement with Boone Graphics will enable 3CE to continue to meet its statutory noticing requirements as well as support ongoing marketing efforts to improve participation in energy programs and general agency awareness.

ATTACHMENT(S):

1. Standard Services Agreement with Boone Graphics

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3CE-Boone Graphics 1 C&O-2023-0040

CENTRAL COAST COMMUNITY ENERGY

STANDARD SERVICES AGREEMENT
This Agreement is made by and between CENTRAL COAST COMMUNITY ENERGY (“3CE”) and Boone Graphics (hereinafter “CONTRACTOR”), with its principal place of business located at 70 S. Kellogg Ave., Goleta, CA 93117. 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: Printing and Mailing Services.

2. PAYMENT PROVISIONS

3. TERM OF AGREEMENT

3.1. The term of this Agreement is from September 15, 2023 until September 30, 2026, 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.

3.2. 3CE reserves the right to cancel this Agreement, or any extension of this Agreement, without cause with thirty (30) days written notice, or with cause immediately.

4. SCOPE OF SERVICES AND ADDITIONAL PROVISIONS

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

4.1.1.Exhibit A: Scope of Services

4.1.2.Exhibit B: Payment Terms

4.1.3.Exhibit C: Procedures for Unauthorized Release of Covered Information DocuSign Envelope ID: 50CCF058-AA4B-4D77-AD5C-0F4C081D6EA6

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3CE-Boone Graphics 2 C&O-2023-0040

5. PERFORMANCE STANDARDS

5.3. CONTRACTOR shall furnish, at its own expense, all materials, equipment, and personnel necessary to carry out the terms of this Agreement, except as otherwise specified in this Agreement. CONTRACTOR shall not use 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.

6.3. Invoices shall be submitted monthly 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. TERMINATION

7.1. During the term of this Agreement, 3CE may terminate the Agreement for any reason by giving written notice of termination to the CONTRACTOR at least thirty (30) days prior to the effective date of termination. Such notice shall set forth the effective date of termination. In the event of such termination, the amount payable under this Agreement shall be reduced in proportion to the services provided prior to the date of termination.

DocuSign Envelope ID: 50CCF058-AA4B-4D77-AD5C-0F4C081D6EA6

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3CE-Boone Graphics 3 C&O-2023-0040

7.2. 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.

8. INDEMNIFICATION

8.1. CONTRACTOR shall indemnify, defend, and hold harmless 3CE, 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 CONTRACTOR 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 3CE. It is the intent of the parties to this Agreement to provide the broadest possible coverage for 3CE. The CONTRACTOR shall reimburse 3CE for all costs, attorneys’ fees, expenses and liabilities incurred with respect to any litigation in which the CONTRACTOR is obligated to indemnify, defend and hold harmless 3CE under this Agreement.

8.1.1.The CONTRACTOR’s selection of counsel to satisfy CONTRACTOR’s defense and hold harmless obligation as set forth in section 8.1 above, shall be subject to review and approval by 3CE.

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

9. INSURANCE REQUIREMENTS

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3CE-Boone Graphics 4 C&O-2023-0040

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

9.4. 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.

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 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 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.

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3CE-Boone Graphics 5 C&O-2023-0040

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

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

10.4. 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.

10.5. 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.

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3CE-Boone Graphics 6 C&O-2023-0040

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 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.

13. NOTICES

13.1. 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 Boone Graphics
Attn: Dewayne Woods, Chief Financial Officer VP of Operations 70 Garden Court, Suite 300 70 S. Kellogg Avenue
Monterey, Ca 93940 Goleta, CA 93117

14. MISCELLANEOUS PROVISIONS

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

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3CE-Boone Graphics 7 C&O-2023-0040

14.3. 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.

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

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

14.6. Assignment and Subcontracting. The CONTRACTOR shall not assign, sell, or otherwise transfer its interest or obligations in this Agreement without the prior written consent of 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.

14.7. 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.

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

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

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

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

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

14.13. 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.

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

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14.15. 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.

14.16. 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.

SIGNATURE OF THE PARTIES:

Boone Graphics Central Coast Community Energy
BY:__________________________________ BY:______________________________________ Mike Meyer, VP of Business Development Robert M. Shaw, CEO Date: ____________________________ Date: ____________________________ Boone Graphics Approved as to Form
BY:__________________________________ BY:______________________________________ Paige Chamberlain, Print Solutions Manager Charles McKee, General Counsel Date: ____________________________ Date: ____________________________ Approved as to Financial Terms
_____________________________________
Dewayne Woods, Chief Financial Officer
Date: ____________________________
DocuSign Envelope ID: 50CCF058-AA4B-4D77-AD5C-0F4C081D6EA6 8/17/2023
8/17/2023 8/17/2023
8/21/2023
8/21/2023

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Exhibit A: Scope of Services
CONTRACTOR agrees to exercise special skill to provide printing and mailing services to support 3CE’s required mailers as well as additional notices or printed materials as follows:

ANNUAL PRINT NEEDS Paper/Ink Specs (full color)
Annual
Quan�ty
Required Annual Joint Rate Mailer & Power Content Label Annually in July: Joint Rate Mailer: 6x11 Postcard 100# 50% Recycled Velvet Cover 100,000 Annually in September: 2021 Power Content Mailer: 6x11 Postcard 100# 50% Recycled Velvet Cover 100,000 General No�cing & Mailers - Reoccurring weekly mailers
Move In / Move Out Leters / 6x11 Postcard V1 (60-day version) 60# 50% Recycled Opaque 20,000 Move In / Move Out Leters #2 / 6x11 Postcard V2 (30-day version) 60# 50% Recycled Opaque 20,000 Opt-Out Leters (incl. nonpayment leters) / Leter In #10 Envelope w/ window
60# 50% Recycled Opaque 10,000
3Cprime Enrollment Leters / Leter In #10 Envelope w/ window 601150% Recycled Opaque 500 Annual Report Card for Key Accounts / Leter in #10 Envelope w/ window 60# 50% Recycled Opaque 1,000 Re-Enrollment Mailers / 6x11 Postcard 100# 50% Recycled Velvet Cover 10,000 Net Energy Metering Transi�on Mailer/ Leter in #10 Envelope w/ window
60# 50% Recycled Opaque 10,000
Collateral - Print Approx 50% of Quan��es in October each year, 50% in March General Tri-fold Brochure: English/Spanish Front/Back 8.5x11 (flat)

3.67x8. 5 (folded)
80# Recycled Velvet Text 1,500
Energy Programs Tri-fold Brochure: English/Spanish Front/Back 8.5x11 (flat) 3.67x8.5 (folded)
801/Recycled Velvet Text 1,500
Electrify Your Ride flyer: English/Spanish Front/Back 8.5x11 80# Recycled Velvet Text 1,000 Electrify Your Home flyer: English/Spanish Front/Back 8.5x11 80# Recycled Velvet Text 1,000 Ag Electrifica�on flyer: English/Spanish Front/Back 8.5x11 80# Recycled Velvet Text 500 Flyer TBD: English/Spanish Front/Back 8.5x11 80# Recycled Velvet Text 500 Flyer TBD: English/Spanish Front/Back 8.5x11 80# Recycled Velvet Text 500 Flyer TBD: English/Spanish Front/Back 8.5x11 80# Recycled Velvet Text 500 Folio / 4-Panel, Single Fold 9x12 w/2 Pockets 100# Recycled Velvet Cover 500 Understanding Your Bill English/Spanish Front/Back 8.5x11 100# Recycled Velvet Cover 1,000 Fact Sheet: English/Spanish Front/Back 8.5 x 11 80# Recycled Velvet Text 200 Annual Report: 18-24 double-sided pages (8-page self-cover) 8.5x11 80# Recycled Velvet Cover 150 TBD workshop or event pamphlet 80# Recycled Velvet Text 1,000 Required Enrollment No�fica�on Mailers
Nov. 2024 Mailer #1 / 6x11 Postcard V1 (60-day version) 100# 50% Recycled Velvet Cover 75,000 Dec. 2024 Mailer #2 / 6x11 Postcard V2 (30-day version) 60# 50% Recycled Velvet Cover 75,000 Feb. 2025 Mailer #3 / 6x11 Postcard V1 (60-day version) 80# 50% Recycled Velvet Cover 75,000 Mar. 2025 Mailer #4 / 6x11 Postcard V2 (30-day version) 100# 50% Recycled Velvet Cover 75,000 DocuSign Envelope ID: 50CCF058-AA4B-4D77-AD5C-0F4C081D6EA6

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Exhibit B: Payment Terms
CONTRACTOR agrees to invoice 3CE upon completion of deliverable and 3CE will provide payment within thirty (30) days of invoice. 3CE will request receipt or confirmation that each deliverable has been satisfactorily executed. CONTRACTOR has outlined estimated costs for each deliverable with a 15% contingency budget for additional items necessary for 3CE. Such additional items shall be billed at the base rate with no adders or markups.

TOTAL ESTIMATED COSTS (INCLUDING 15% CONTINGENCY) = $363,811.13 ANNUAL PRINT NEEDS Paper/Ink Specs (full color)
Annual
Quantity
Avg.

Weekly
Amt.

Unit Price Subtotal of
Printing +
Mailing ($)
Total Price,
Less Postage
($)
Est. Unit
Postage
($)
Total Annual
Price (Postage
+ Printing) ($)
Print
($)
Mail
($)
Required Annual Joint Rate Mailer (JRM) & Power Content Label (PCL) Annually in July: Joint Rate Mailer: 6x11 Postcard 80# Recycled content Velvet Cover 100,000 - 0.120 0.025 0.145 14,500.00 0.282 42,700.00 Annually in September: 2021 Power Content Mailer: 6x11 Postcard 80# Recycled content Velvet Cover 100,000 - 0.120 0.025 0.145 14,500.00 0.282 42,700.00 General Noticing & Mailers - Recurring weekly mailers
Move In/Out Letters / 8.5 x 5.5 (actual) Postcard V1 (60-day version) 80# Recycled Content Opaque CVR 20,000 - 0.270 0.050 0.320 6,400.00 0.282 12,040.00 Move In/Out Letters #2 / 8.5 x 5.5 (actual) Postcard V2 (30-day version) 80# Recycled Content Opaque CVR 20,000 - 0.270 0.050 0.320 6,400.00 0.282 12,040.00 Opt-Out Letters (incl. nonpayment letters) / Letter In #10 Envelope w/ window
60# Recycled content Opaque /
24# #10 envelope 10,000 192 0.853 1.020 1.873 18,730.00 0.660 25,330.00 3Cprime Enrollment Letters / Letter In #10 Envelope w/ window 60# Recycled content Opaque /
24# #10 envelope 500 10 7.250 2.000 9.250 4,625.00 0.660 4,955.00 Annual Report Card for Key Accounts / Letter in #10 Envelope w/ window
60# Recycled content Opaque /
24# #10 envelope 1,000 - 0.529 0.470 0.999 999.00 0.282 1,281.00 Re-Enrollment Mailers / 6x11 Postcard 80# Recycled Content Opaque Cover 10,000 - 0.144 0.030 0.174 1,740.00 0.282 4,560.00 Collateral - Print Approx 50% of Quantities in October each year, 50% March each year General Tri-fold Brochure: English/Spanish Front/Back 8.5x11 (flat)

3.67x8. 5 (folded) 80# Recycled Content Velvet Text 1,500 - 0.345 - - 517.50 - 517.50 Energy Programs Tri-fold Brochure: English/Spanish Front/Back

8.5x11 (flat) 3.67x8.5 (folded) 80# Recycled Content Velvet Text 1,500 - 0.345 - - 517.50 - 517.50 Electrify Your Ride flyer: English/Spanish Front/Back 8.5x11 80# Recycled Content Velvet Text 1,000 - 0.448 - - 448.00 - 448.00 Electrify Your Home flyer: English/Spanish Front/Back 8.5x11 80# Recycled Content Velvet Text 1,000 - 0.448 - - 448.00 - 448.00 Ag Electrification flyer: English/Spanish Front/Back 8.5x11 80# Recycled Content Velvet Text 500 - 0.524 - - 262.00 - 262.00 Flyer TBD: English/Spanish Front/Back 8.5x11 80# Recycled Content Velvet Text 500 - 0.524 - - 262.00 - 262.00 Flyer TBD: English/Spanish Front/Back 8.5x11 80# Recycled Content Velvet Text 500 - 0.524 - - 262.00 - 262.00 Flyer TBD: English/Spanish Front/Back 8.5x11 80# Recycled Content Velvet Text 500 - 0.524 - - 262.00 - 262.00 Folio / 4-Panel, Single Fold 9x12 w/2 Pockets 100# Recycled Content Velvet Cover 500 - 4.870 - - 2,435.00 - 2,435.00 Understanding Your Bill English/Spanish Front/Back 8.5x11 100# Recycled Content Velvet Cover 1,000 - 0.616 - - 616.00 - 616.00 Fact Sheet: English/Spanish Front/Back 8.5 x 11 80# Recycled Content Velvet Text 200 - 0.710 - - 142.00 - 142.00 Annual Report: 18-24 double-sided pages (8-page self-cover) 8.5x11 80# Recycled Content Velvet Cover 150 - 7.890 - - 1,183.50 - 1,183.50 TBD workshop or event pamphlet 8.5 x 11" with tri fold 80# Recycled Content Velvet Text 1,000 - 0.376 - - 376.00 - 376.00 Required Enrollment Notification Mailers
Nov. 2024 Mailer #1 / 6x11 Postcard V1 (60-day version) 80# Recycled Content Velvet Cover 95,000 - 0.121 0.026 0.147 13,965.00 0.282 40,755.00 DocuSign Envelope ID: 50CCF058-AA4B-4D77-AD5C-0F4C081D6EA6

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Dec. 2024 Mailer #2 / 6x11 Postcard V2 (30-day version) 80# Recycled Content Velvet Cover 95,000 - 0.121 0.026 0.147 13,965.00 0.282 40,755.00 Feb. 2025 Mailer #3 / 6x11 Postcard V1 (60-day version) 80# Recycled Content Velvet Cover 95,000 - 0.121 0.026 0.147 13,965.00 0.282 40,755.00 Mar. 2025 Mailer #4 / 6x11 Postcard V2 (30-day version) 80# Recycled Content Velvet Cover 95,000 - 0.121 0.026 0.147 13,965.00 0.282 40,755.00 Totals (Sales tax where applicable not included) - ANNUAL 131,485.50 316,357.50 +15% Contingency (based on print deliverables estimate) - ANNUAL 151,208.33 363,811.13 DocuSign Envelope ID: 50CCF058-AA4B-4D77-AD5C-0F4C081D6EA6

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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)

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

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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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SMALL AND LOCAL PREFERENCE POLICY
PURPOSE:

Central Coast Community Energy (“3CE”) desires, whenever possible, to contract with qualified small and local vendors to provide goods and services to the agency. 3CE’s Small and Local Preference Policy (“Policy”) establishes a preference for qualified small, local, and diverse businesses in non-power services contract opportunities. This policy requires 3CE to directly identify and solicit small, local, and diverse businesses; reduce barriers to contracting with small, local, and diverse businesses; and incentivize small, local, and diverse businesses to engage with 3CE’s contracting process.

GENERAL REQUIREMENTS

1. Any vendor seeking to be recognized as a small, local, and diverse business for purposes of this Policy shall be required to certify they meet the definition of small and local as set out in this policy, and to register as a small, local, and diverse business with 3CE. Registering through the vendor registry enables 3CE to track the effectiveness of the Policy and allows 3CE to provide future notifications to its small, local, and diverse businesses concerning other bidding opportunities.

2. When 3CE evaluates the responses to a formal solicitation for goods or services, where best value is the determining basis for the contract award, a five (5) points preference will be applied to the scoring evaluation for qualified small, local, and diverse businesses.

3. When 3CE evaluates the responses to a formal solicitation for goods or services, where lowest price, is the determining basis for the contract award, a five percent (5%) preference will be subtracted from the bid price of qualified small, local, and diverse businesses. If application of the five percent (5%) preference results in a qualified small, local, and diverse business’ bid being lower than all other bids, the contract shall be awarded to the qualified small, local, and diverse business at that vendor’s bid price.

4. Whenever a responsive qualified small, local, and diverse business and a responsive non-small, non-local business have both submitted matching lowest responsive bids, the qualified small, local, and diverse business shall be awarded the contract.

5. When a contract requires subcontractors or sub-consultants, the selected contractor shall solicit proposals from qualified small, local, and diverse businesses whenever possible. No contract awarded to a small and local business shall be assigned or subcontracted in any manner that permits more than fifty percent (50%) or more of the dollar value of the contract to be performed by an entity that is not a small and local business.

6. Each purchasing solicitation made by 3CE shall contain terms expressly describing this Small and Local Preference Policy.

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7. This Policy shall not apply to the following categories of contracts:

1. Power supply contracts.

2. Goods or services provided under a cooperative purchasing agreement or similar “piggyback” contract.

3. Contracts for public works, or where preferences described in this Policy are precluded by state or federal laws or regulations.

4. Any bid announcement which specifically provides that the small and local preference policies set forth in this Policy are suspended due to:
a. the unique nature of the goods or services sought, or b. the existence of a local emergency as determined by 3CE and/or one of its member agencies or where such suspension is, in the opinion of 3CE’s General Counsel, required by law.

8. Purchasing made pursuant to a non-competitive award process, including but not limited to, contracts covered by the Little Brooks Act, Government Code, Title I Division 5, Chapter 10, Sections 4525-4529.5 for the purchasing of professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms shall:

1. Recognize the importance of local knowledge and experience in timely, cost-effective project execution, as well as 3CE’s desire to promote the use of small and local business enterprises as stated in 3CE’s Annual Supplier Diversity Report and Plan.

2. Address each of the factors set forth in Section 8.1 in addition to the relevant technical factors set forth in the solicitation unless it is found that the consultant’s location is immaterial to the provisions of the services or supplies that are required by the solicitation.

3. Include in purchasing solicitations knowledge of the local regulatory environment, local agencies having jurisdiction over the project, and construction industry; experience working on Community Choice Aggregation projects; and demonstrated ability to rapidly respond to 3CE’s needs during project construction and warranty periods.

9. To qualify for small and local preference under this Policy, a small and local business must certify to 3CE that it:

1. Qualifies as a “Small” and “Local” business as defined within this policy; and

2. Has not within the five (5) years prior to the request for purchasing goods or services admitted guilt or been found guilty by any court or state or federal regulatory enforcement agency of violation of any criminal law, or a law or administrative regulation regarding fraud; and
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3. Is not currently subject to an unresolved citation or notice of violation of any of 3CE’s member agencies’ code provisions, except citations or notices which are the subject of a current legal appeal, as of the date of the bid announcement; and

4. Is not delinquent in the payment of any fines, liens, assessments, fees or taxes to any governmental unit or taxing authority within 3CE’s service area, except any such sums which are the subject of a current legal appeal.

TERMS AND CONDITIONS
The following terms and conditions for small and local business preference shall apply:

10. In order to be eligible for the preference, the small and local business must complete, return, and satisfy the requirements of the small and local business preference affidavit of eligibility and also supply a copy of a current valid business license issued by a 3CE member agency.

11. Any person, firm, corporation, or entity intentionally submitting false information to 3CE in an attempt to qualify for small and local business preference shall be prohibited from bidding on 3CE contracts for a period of three (3) years.

12. The small and local business preference established by this policy shall not be available if it conflicts with state or federal law or regulation.

13. 3CE is not responsible for any business’s failure to request, complete, return, or meet the requirements of the small and local business preference affidavit of eligibility.

DEFINITIONS
The terms used in this policy are defined as follows:

14. “Small business” shall be defined as set forth in Government Code Section 14837(d)(1) and mean an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer employees, and average annual gross receipts of fifteen million dollars ($15,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 100 or fewer employees.

15. “Local business” shall be defined as being a 3CE customer and having its principal place of business mailing address match the address of the 3CE customer account.

16. “Small and local business preference affidavit of eligibility” means an affidavit to be completed by a locally operated business in applying for a preference treatment.

17. “Best value” shall mean a selection process in which written proposals contain both price and qualitative components, and where the award is based upon an evaluation of a combination of price, qualitative considerations, and performance that provides the greatest overall benefit under the specified selection criteria as determined by 3CE.

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18. “Power supply contracts” include any contracts for the purchase, sale, and/or delivery of energy or ancillary energy product to 3CE or the CAISO wholesale energy market regardless of specific characteristics of the contract, including but not limited to: (1) whether the resource is “in front of the meter” or “behind the meter;” (2) volumes; (3) price, or; (4) term. Power supply contracts include physical or virtual power purchase agreement structures.

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Staff Report Item 6
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
PREPARED BY: Gina Urmatan, Senior Accountant
SUBJECT: Authorize CEO to execute a standard services agreement amendment No. 1 through September 30, 2024, with Maher Accountancy for accounting and annual audit assistance services with a not to exceed amount of $545,500 DATE: September 13, 2023
RECOMMENDATION:

This recommends that the Operations Board of Directors authorize the CEO to execute a Standard Services Agreement amendment No. 1 with Maher Accountancy (“Maher”) for accounting and audit assistance services from October 1, 2023 through September 30, 2024 in a Not To Exceed (“NTE”) amount of $545,500.

BACKGROUND:

In November 2017, Monterey Bay Community Power (“3CE”) entered into an agreement with Maher to provide accounting services to 3CE which expires on September 30, 2023. These services have been successively renewed by 3CE on an annual basis.

DISCUSSION/ANALYSIS:
3CE, like other organizations its size, has a wide range of accounting needs – General Accounting and General Ledger maintenance, financial reporting, accounts payable, revenue validation and reporting, vendor and supplier disbursements, budget tracking, financial compliance, and regulatory filings etc.

Maher has built a Community Choice Aggregator (“CCA”) service offering based on QuickBooks and Bill.com. Maher also works with investor-owned utility (“IOU”) and Independent System Operator (“ISO”) data. The Maher offering automates tasks and includes the back-end staff necessary to effectively outsource all core accounting functions. Maher provides services comparable to what it provides 3CE to 10 other CCCAs and provides a smaller range of services to several others. It dedicates 9

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staff to CCAs. By providing these services to CCAs, often at startup, and working with a wide range of them, Maher has built significant institutional capacity and knowledge of the CCA space. 3CE has a small accounting staff, consisting of an Accountant hired in 2021, and an experienced Senior Accountant hired August 2022. The finance staff focus on contract compliance, purchasing and travel request processing, invoice processing, payroll, select reconciliations, and tracking of cashflow/investments. At present, 3CE does not have the systems or staffing capacity to replace the Maher functions.

FISCAL IMPACT:

The proposed standard services agreement with Maher for accounting and annual audit assistance services with a not to exceed balance of $545,500 which is divided between FY2022-23 at $259,000 and FY 2023-24 at $286,500. The FY 2023-24 increase represents an addition of special assistance on an as necessary basis and a 4.8% increase for base services over the prior year. The funding for this contract is included in the FY 2023-24 Recommended Budget.

CONCLUSION:

The Operations Board’s approval and authorization for the CEO to engage Maher for another year will ensure the continued operation of essential financial functions.

ATTACHMENT(S):

1. 3CE Standard Services Agreement with Maher Accountancy

2. Amendment No. 1 to the Standard Services Agreement with Maher Accountancy

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9/12/2022 1 Contract Number: ______________

CENTRAL COAST COMMUNITY ENERGY

STANDARD SERVICES AGREEMENT
This Agreement is made by and between CENTRAL COAST COMMUNITY ENERGY (“CCCE”) and Maher Accountancy_ (hereinafter “CONTRACTOR”), a California Corporation with its principal place of business located at 1101 Fifth Ave, Ste 200 San Rafael, California. 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

2. PAYMENT PROVISIONS

3. TERM OF AGREEMENT

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

4. SCOPE OF SERVICES AND ADDITIONAL PROVISIONS

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

4.1.1.Exhibit A: Scope of Services

4.1.2.Exhibit B: Payment Terms

4.1.3.Exhibit C: Procedures for Unauthorized Release of Covered Information FIN-2022-036
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5. PERFORMANCE STANDARDS

6. PAYMENT CONDITIONS

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

7. TERMINATION

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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.

8. INDEMNIFICATION

8.1. CONTRACTOR shall fully indemnify and hold CCCE, their officers, board members, employees, and agents, harmless from any claim, expense or cost, damage or liability imposed for claim, liability, loss, injury or damage occurring by reason of the negligent acts or omissions or willful misconduct of the CONTRACTOR, its officers, employees or agents, under or in connection with or arising out of the performance or non‐performance of any work, right, or obligation of such party under this AGREEMENT.

CONTRACTOR, nor any officer, board member or agent thereof, shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of CCCE, their officers, board members, employees, or agents, under or in connection with or arising out of the performance or non‐performance of any work, right, or obligation of such party under this AGREEMENT."

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

8.1.2.The selection of counsel to satisfy the defense and hold harmless obligation as set forth in section 8.1 above, shall be subject to review and approval of CCCE.

9. INSURANCE REQUIREMENTS

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

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

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

9.4. Commercial general liability and automobile liability policies shall provide an endorsement naming CCCE, 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 CCCE and that the insurance of the Additional Insureds shall not be called upon to contribute to a loss covered by the CONTRACTOR’S insurance.

10. RECORD AND CONFIDENTIALITY

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10.1.1. Confidential Information specifically includes Covered Information (as defined in Exhibit C), including Protected Personal Information(“PPI”) that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer, household, or customer account. All such Covered Information and PPI must fully be protected from disclosure as set forth in California Public Utility Commission Decision D.12‐08.045. In the event of an unauthorized release of Covered Information and PPI, CONTRACTOR shall comply with Exhibit C, Procedures for Unauthorized Release of Covered Information.

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

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

10.5 CCCE shall have a royalty‐free and irrevocable license to use all original programs, writings, sound recordings, pictorial reproductions, drawings, and other works of similar nature produced in the course of or under this Agreement.

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 FIN-2022-036
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such target population as may be designated in this Agreement shall not be deemed to be prohibited discrimination.

12. INDEPENDENT CONTRACTOR

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 CONTRACTOR
Chief Financial Officer Michael Maher, Vice President, Treasurer 70 Garden Court, Suite 300 1101 Fifth Ave, Ste 200
Monterey, Ca 93940 San Rafael, CA 94901

14. MISCELLANEOUS PROVISIONS

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

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.

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

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

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

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

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

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

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

FIN-2022-036
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FIN-2022-036
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9/27/2022
9/27/2022

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9/12/2022 9 Contract Number: ______________
Exhibit A: Scope of Services
Exhibit A: Scope of Services
Monthly Financial Operational Assistance

1. Assist with financial covenants with energy providers and lenders.

2. Assist in the development and monitoring of internal controls over financial transactions.

3. Monitor operating budget in collaboration with management and technical consultants.

4. Maintain the general ledger by:
a. Posting aggregate customer billings, accrued revenue, cash receipts, accounts payable, cash disbursements, payroll, accrued expenses, etc. b. Prepare or maintain the following monthly analysis regarding general ledger account balances:
i. Reconciliation to statements from Authority’s financial institution for cash activity and balances;
ii. Reconcile customer data manager reports of customer activity to accounts receivable aging;
iii. Estimate user fees earned but not billed as of the end of the reporting period;
iv. Prepare and maintain schedule of depreciation of capital assets; v. Prepare schedule of aged accounts payable;
vi. Prepare and maintain schedules of details regarding all remaining balance sheet accounts.

5. Manage disbursements to vendors: CONTRACTOR utilizes a cloud‐based accounts payable and document management system to provide documentation of management review, proper segregation of duties, and access to source data. CONTRACTOR data entry and review ensures that required authorization is documented and that account coding is correct. CCCE staff then authorizes the release of payment in order to provide an additional safeguard.

6. Assist management with compliance with fiscal provisions of vendor contracts.

7. Monitor expenditure budget compliance. CONTRACTOR monitors budget available and will make timely recommendations for any necessary budget amendments.

8. Provide periodic and year‐to‐date accrual basis financial statements with comparison to projections.

9. Provide modified accrual basis financial statement with comparison to budget.

10. Prepare and file annual information returns such as form 1099/1096’s.

11. Assist the treasury function

12. Provide services to assist management with financial reports required by applicable laws and regulations.

13. File various compliance reports for state and local agencies, such as user taxes, energy surcharges, and state controller reports.

14. Provide access to professional service provider contract portal. Maintenance of data within the portal will be a shared responsibility between CCCE and Contractor.

15. Provide access to a customer budget portal that shows revenues and expenditures by CCCE division, in alignment with CCCE’s Chart of Accounts. The portal will reflect the most up to date information available to the CONTRACTOR
FIN-2022-036
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Scope of Services (Continued)

16. Develop an online form for business users to request purchase approval, submitting necessary documentation (Quotes, W‐9), justification and budget coding. Implement an approval chain and related notification system which varies based threshold. Provide insight into relevant budget availability at time of approval, and generate Purchase Order form for vendor after completion of approval steps.

Payroll Assistance Services

1. CCCE will provide summarized employee master file change information.

2. CCCE will ensure timecards, as necessary, are accurately completed by employees.

3. CONTRACTOR will communicate with ADP (or successor) and other taxing authorities, as needed.

4. CONTRACTOR will not have direct contact with CCCE employees other than the CCCE Finance and Human Resources personnel designated by CCCE’s Chief Financial Officer

5. CONTRACTOR is responsible for supporting CCCE personnel in payroll processing and administration, including but not limited to data validation.

8. CONTRACTOR will communicate payroll information to retirement plan administrator, if applicable.

Annual Audit:

1. Assist with the selection of independent auditor.

2. Coordinate data flow from CCCE accounting records to independent auditor.

3. Prepare annual financial statements with note disclosures and Management Discussion and Analysis.

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Exhibit B: Payment Terms
Authority shall compensate CONTRACTOR for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below.

Compensation shall be calculated based on the not to exceed amounts set forth below.

The compensation to be paid to CONTRACTOR under this Agreement for all services described in Exhibit “A” and reimbursable expenses shall not exceed a total of $259,000, as set forth below. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to Authority unless previously approved in writing by Authority.

Monthly Accounting Services $241,500 Fixed fee of $20,125 per month Annual Audit Assistance (one‐time per year) $17,500 One‐Time Total $259,000
Monthly Invoicing
CONTRACTOR shall submit monthly invoices to the Authority describing the services performed and the applicable charges. Payment will be made in accordance with Section 6 of this Agreement.

Reimbursable Expenses
Administrative, overhead,secretarial time or overtime, word processing, photocopying, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. Travel expenses must be authorized in advance in writing by CCCE and shall only be reimbursed to the extent consistent with CCCE’s travel policy. Cloud based payable platform (bill.com) fees will be paid for directly by CCCE.

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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)

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 FIN-2022-036
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Commission, or as part of a Commission authorized program conducted by a governmental entity under the supervision of the Commission.

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

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

Responsible Parties ‐‐ CCCE, CONTRACTOR, and any staff, employees, or sub 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 an CCCE manager level employee to ensure no unauthorized or inadvertent release of Covered Information.

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

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

Unauthorized Release Handling Procedure

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 subcontractors.

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

FIN-2022-036
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Amendment No. 1 To Agreement Between Maher Accountancy and 3CE for [Services] Page 1 of 4 AMENDMENT NO. 1

TO SERVICES AGREEMENT BETWEEN MAHER ACCOUNTANCY AND

CENTRAL COAST COMMUNITY ENERGY
This Amendment No. 1 to the Services Agreement (“Agreement”) which was effective on September 27, 2022 is entered into by and between CENTRAL COAST COMMUNITY ENERGY (“3CE”) and Maher Accountancy. (“CONTRACTOR”); (3CE and CONTRACTOR are referred herein as “party,” or collectively, as the “Parties”), with respect to the following:

RECITALS
WHEREAS, 3CE and CONTRACTOR entered into the Agreement on September 27, 2022, to provide goods and/or services generally described as accounting services to support 3CE Accounting Services; and
WHEREAS, 3CE seeks to add $286,500 from the Finance Budget to the Agreement to continue accounting services in support of 3CE; and

WHEREAS, 3CE seeks to extend the term of the Agreement to September 30, 2024;

AGREEMENT
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

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

1. Amend the first sentence of Section 3.1 to read as follows:

The term of this Agreement is from the date of execution until September 30th, 2024, unless sooner terminated pursuant to the terms of this Agreement.

2. Amend Section 2.1 to read as follows:

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 “NTE”) the sum of $545,500 and for FY 2023-24 as follows:

Monthly Accounting Services Fixed fee of $21,125 per month Annual Audit Assistance (one‐time per year) $18,000 Once annually Special Assistance (as necessary) $15,000 on a as needed basis FY 2023-24 Total not to exceed $286,500

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Amendment No. 1 To Agreement Between Maher Accountancy and 3CE for [Services] Page 2 of 4

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

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

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

6. This Amendment No. 1 shall be effective when signed by both parties.

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Amendment No. 1 To Agreement Between Maher Accountancy and 3CE for [Services] Page 3 of 4 Exhibit B-1: Payment Terms
Authority shall compensate CONTRACTOR for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below.

Compensation shall be calculated based on the not to exceed amounts set forth below.

The compensation to be paid to CONTRACTOR under this Agreement for all services described in Exhibit “A” and reimbursable expenses shall not exceed a total of $545,500 thoughout the entire term, and FY 2023-24 as set forth below. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to Authority unless previously approved in writing by Authority.

FY 2023-24
Monthly Accounting Services Fixed fee of $21,125 per month Annual Audit Assistance (one‐time per year) $18,000 Once annually Special Assistance (as necessary) $15,000 on a as needed basis FY 2023-24 Total not to exceed $286,500
Monthly Invoicing
CONTRACTOR shall submit monthly invoices to the Authority describing the services performed and the applicable charges. Payment will be made in accordance with Section 6 of this Agreement.

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Amendment No. 1 To Agreement Between Maher Accountancy and 3CE for [Services] Page 4 of 4 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written.

Maher Accountancy Central Coast Community Energy
BY:__________________________________ BY:______________________________________ Michael Maher, Vice President, Treasurer Robert Shaw, Chief Executive Officer Date: ____________________________ Date: ____________________________ Approved as to Form
BY:__________________________________ BY:___________________________________ John Maher, President Charles Mckee, General Counsel
Date: ____________________________ Date: ____________________________ Approved as to Financial Terms
BY:______________________________________
Dewayne Woods, Chief Financial Officer
Date: ____________________________
DocuSign Envelope ID: E9F2C91B-EEF7-493F-B570-CBB959787653 9/6/2023
9/6/2023 9/6/2023
9/6/2023

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Staff Report Item 7
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
PREPARED BY: Anamika Singh, Power Supply Analyst
SUBJECT: Adopt Resolution No. OB-2023-02 attesting to the Veracity of 3CE’s 2022 Power Content Label
DATE: September 13, 2023
RECOMMENDATION:

This recommends the Operations Board of Directors consider adopting Resolution No. OB-2023-02, attesting to the veracity of 3CE's 2022 Power Content Label BACKGROUND:

California Public Utilities Code requires all retail sellers of electricity to disclose “accurate, reliable, and simple-to-understand information on the sources of energy, and the associated emissions of greenhouse gasses, that are used to provide electric services.” (Pub. Util. Code section 398.4), The disclosure and reporting requirements are implemented through the California Energy Commission’s (“CEC”) Power Source Disclosure (“PSD”) Program. Under the PSD Program, by October 1 of each year all retail sellers must provide customers with a Power Content Label (“PCL”) that disclosures the fuel mix and greenhouse gas emission intensity of each electricity portfolio sold in the previous calendar year. (20 Code Cal. Regs. section 1394.1). The PCL is a highly prescriptive reporting requirement that requires all load serving entities to utilize detailed accounting rules to report on retail sales. (20 Code Cal. Regs. section 1393).

The applicable regulations require that the “a board of directors of a public agency submit to the Energy Commission an attestation of the veracity of each annual report and PCL for the previous year.” (20 Code Cal. Regs. section 1394.2(a)(1).

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DISCUSSION/ANALYSIS:

During the 2022 calendar year, 3CE delivered a portion of its electric energy supply from various Renewables Procurement Standard (“RPS”) eligible energy sources. Under its 3Cchoice product category, 35.8% of energy delivered to the community was sourced from RPS eligible sources and approximately 5.9% was sourced from large hydroelectric. The remaining 58.3% is unspecified power, which comes from a variety of sources. Energy procured for 3CE’s 100% renewable product, 3Cprime is sourced equally from solar and wind resources located in California.

While preparing 3CE’s 2022 PCL, staff performed a detailed review of all power purchases completed in the 2022 calendar year. The review of 3CE’s 2022 3Cchoice and 3Cprime product offerings included an inventory of all renewable energy transfers within 3CE’s Western Renewable Energy Generation Information System (WREGIS) accounts and other pertinent transaction records.

Following the Board’s approval, 3CE shall forward to the CEC: (1) a copy of this staff report and related meeting minutes; (2) a copy of 3CE’s Resolution No. OB-2023-02 attesting to the veracity of 3CE’s 2022 Power Content Label. 3CE will also complete requisite customer communications in accordance with the October 1 deadline, as may be extended or modified by the CEC.

Should the Board choose not to adopt Resolution No. OB-2023-02, staff will file an extension with the CEC and hire an independent auditor to review 3CE’s two product offerings’ data for compliance.

FISCAL IMPACT:

There is no fiscal impact associated with the self-certification of the 2022 3Cchoice and 3Cprime offerings and adoption of Resolution No. OB-2023-02. The Board’s self-certification avoids the costs that would otherwise be incurred for an independent auditor certification.

CONCLUSION:

Adoption of Resolution No. OB-2023-02 satisfies 3CE’s compliance obligations.

ATTACHMENT(S):

1. Resolution No. OB-2023-02 attesting to the Veracity of 3CE’s 2022 Power Content Label

2. 2022 3CE’s Power Content Label

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RESOLUTION NO. OB-2023-02

A RESOLUTION OF THE OPERATIONS BOARD OF DIRECTORS OF CENTRAL COAST COMMUNITY ENERGY ATTESTING TO THE ACCURACY OF 3CE’S 2022 POWER CONTENT LABEL WHEREAS, Central Coast Community Energy (“3CE”) is a Joint Powers Agency established and operated pursuant to California Government Code section 6500 et seq. to provide retail energy service and to study, promote, develop, conduct, operate, and manage energy programs in the California Central Coast region of Santa Cruz, Monterey, San Benito, Santa Barbara Counties, and certain cities within San Luis Obispo County; and
WHEREAS, the California Public Utilities Code sections 398.1 through 398.5 require all retail sellers of electric energy, including CCCE, to disclose “accurate, reliable, and simple-to-understand information on the sources of energy” that are delivered to their respective customers; and
WHEREAS 3CE completed a detailed review of all renewable energy purchases and any transfers within 3CE’s Western Renewable Energy Generation Information System (“WREGIS”) accounts and other pertinent transaction records related to power purchases for the 2022 calendar year; and
WHEREAS, staff presented the Operations Board, for its review, the 2022 Power Content Label for all retail energy product portfolios, including 3Cchoice and 3Cprime; and NOW, THEREFORE, the Operations Board of Directors of 3CE does hereby resolve, determine, and order as follows:

1. 3CE is a public agency providing electric services; and

2. The Board has reviewed the 3CE’s 2022 Power Content Label and considered all relevant evidence and information provided which relates to the retail energy product portfolios for 2022 3Cchoice and 3Cprime energy products.

3. 3CE’s 2022 3Cchoice energy product was 35.8% RPS eligible, 5.9% large hydropower, and the remaining 58.3% of the portfolio consisting of unspecified power.

4. 3CE’s 2022 3Cprime energy product was 100% RPS eligible with 50% of energy derived from solar and 50% derived from wind resources.

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5. The Board attests to the veracity of 3CE’s annual report and Power Content Label for 2022. PASSED AND ADOPTED by the Operations Board of Central Coast Community Energy this 13th day of September 2023 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

Chair, Derek Johnson
Attest:

Board Clerk, Heather Vowell

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2022 POWER CONTENT LABEL
(Central Coast Community Energy)
https://3cenergy.org
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources 3Cchoice 3Cprime 2022 CA Power Mix
Eligible Renewable1 35.8% 100.0% 35.8%
Biomass & Biowaste 1.4% 0.0% 2.1%
637 0 422 Geothermal 12.0% 0.0% 4.7%
Eligible Hydroelectric 0.0% 0.0% 1.1%
Solar 12.5% 50.0% 17.0%
Wind 9.8% 50.0% 10.8%
Coal 0.0% 0.0% 2.1%
Large Hydroelectric 5.9% 0.0% 9.2%
Natural Gas 0.0% 0.0% 36.4%
Nuclear 0.0% 0.0% 9.2%
Other 0.0% 0.0% 0.1%
Unspecified Power2 58.3% 0.0% 7.1%
TOTAL 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3 : 0% 0%
1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology.
2 Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source.
3 Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.

For specific information about this electricity
portfolio, contact:

Central Coast Community Energy
(831) 641-7222
For general information about the Power Content
Label, visit:
https://www.energy.ca.gov/programs-and-topics/programs/power-source-disclosure-program 3Cchoice 3Cprime 2022 CA
Utility Average
0 200
400
600
800
1000
3Cchoice
3Cprime
2022 CA Utility
Average

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Staff Report Item 8
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
PREPARED BY: Jeremy Clark, Manager of Energy Trading
SUBJECT: Receive report regarding execution of Pacific Gas and Electric Spring 2023 PCIA Market Offer for Long Term Renewable Energy Credits consistent with April 12, 2023 delegation of authority
DATE: September 13, 2023
RECOMMENDATION:

This recommends the Operations Board receive this report regarding execution of Pacific Gas and Electric Spring 2023 PCIA Market Offer for Long Term Renewable Energy Credits consistent with April 12, 2023 delegation of authority.

BACKGROUND:

On April 12, 2023, the Operations Board approved 3CE’s participation in Pacific Gas & Electric’s and Southern California Edison’s (“PG&E” and “SCE” respectively or “IOUs” jointly) Spring 2023 PCIA Market Offer for Long-Term Renewable Energy Credit Products. The Operations Board further delegated authority to the CEO to execute confirmations for awarded volumes.

The delegation required the CEO to report to the Operations Board regarding the action results and executed awards.

DISCUSSION/ANALYSIS:
3CE received, and executed, two awards from PG&E consistent with the delegation of authority. 3CE did not receive any awards from SCE.

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FISCAL IMPACT:

These awarded volumes and costs are consistent with the delegation of authority granted. The value of any volumes allocated in FY 2022-23 are accounted for in the current fiscal year’s operating budget.

Volumes to be allocated within the FY 2023-24 are reflected in the FY 2023-34 Recommended Budget, which is set for the Policy Board’s consideration September 14, 2023.

CONCLUSION:

These contracts are being provided as directed on April 12, 2023.

ATTACHMENTS:

1. PG&E Market Offer Confirm Product E Confirm (redacted)

2. PG&E Market Offer Confirm Product C Confirm (redacted)

3. April 12, 2023, Staff Report, Item 2.3

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MASTER POWER PURCHASE AND SALE AGREEMENT

RENEWABLES PORTFOLIO STANDARD ENERGY MARKET OFFER

CONFIRMATION LETTER

BETWEEN
CENTRAL COAST COMMUNITY ENERGY (“PARTY A”)
AND
PACIFIC GAS AND ELECTRIC COMPANY (“PARTY B”)
This confirmation letter (“Confirmation”) confirms the Transaction between Central Coast Community Energy, a California joint powers authority (“Party A” or “Buyer”), and Pacific Gas and Electric Company, a California corporation, (“Party B” or “Seller”), each individually a “Party” and together the “Parties”, which becomes effective on the date fully executed by both Parties (the “Confirmation Effective Date”), in which Seller agrees to provide to Buyer Product, as such term is defined in this Confirmation. This Transaction is governed by the Master Power Purchase and Sale Agreement between the Parties, effective as of January 31, 2018 , together with the Cover Sheet, [the Collateral Annex and Paragraph 10 to the Collateral Annex,] and any other annexes thereto (collectively, as amended, restated, supplemented, or otherwise modified from time to time, the “Master Agreement”). The Master Agreement and this Confirmation are collectively referred to herein as the “Agreement”. Capitalized terms used but not otherwise defined in this Confirmation, have the meanings specified for such terms in the Master Agreement, the RPS (defined herein) or the Tariff (defined herein), as applicable. If there is a conflict between the terms in this Confirmation and those in the Master Agreement, this Confirmation shall control.

Section references herein are to this Confirmation unless otherwise noted. [Standard contract terms and conditions shown in shaded text are those that “may not be modified” per CPUC Decisions (“D.”) 07-11-025; D.10-03-021, as modified by D.11-01-025; and D.13-11-024.]
ARTICLE 1

PRODUCT

1.1 Product. “Product” means, following Voluntary Allocation, all remaining RPS Energy and Green Attributes generated and associated with Resources in the Long-Term Resource Pool. Seller shall provide Buyer Product equal to the Total Amount.

1.2 Buyer’s Exclusive Right. Buyer has exclusive right to Product for the Total Amount, including the right to account for or report Product equal to the Total Amount to a Governmental Entity.

ARTICLE 2

TOTAL AMOUNT AND GREEN ATTRIBUTES PRICE

2.1 Total Amount. The “Total Amount” is the sum of all Monthly Amounts in the Delivery Period. For every month in the Delivery Period, the “Monthly Amount” is the product of (i) the Election for the applicable calendar year, multiplied by (ii) following Voluntary Allocation,

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the total remaining RPS Energy for that month for every Resource in the Long-Term Resource Pool.

2.2 Election.
(a) For Products to be delivered in years 2023 and 2024, the “Election” is 35 %.

2.3 Green Attributes Price.
(a) For Products to be delivered in years 2023 and 2024, the “Green Attributes Price” is $ /MWh.

2.4 Change in Long-Term Resource Pool. Seller may add or remove a Resource from the Long-Term Resource Pool as allowed under Voluntary Allocation, and as soon as practicable, Seller will provide Notice to Buyer of any changes to the Long-Term Resource Pool. Seller shall retain the sole discretion to modify Appendix B after CPUC approval to ensure that the Long-Term Resource Pool only includes Resources with terms greater than 10 years as of the start of the Delivery Period. Seller shall retain the sole and absolute discretion to modify, enforce, or terminate its power purchase agreements for Resources during the Delivery Period. Buyer shall not have any right to or discretion to request changes to the Resources or the Long-Term Resource Pool during the Delivery Period.

ARTICLE 3

DELIVERY

3.1 Delivery. Throughout the Delivery Period, Seller shall deliver, and Buyer shall receive, Product in accordance with the Confirmation. Seller, or a qualified third-party designated by Seller, will act as Scheduling Coordinator to deliver Product in each hour to the CAISO at the Delivery Point. Buyer shall take title and risk of loss of Product at the applicable Delivery Point selected by Seller.

3.2 Delivery Point. The “Delivery Point” is and shall mean where Seller, or a qualified third-party designated by Seller, shall deliver to, and Buyer shall take possession of, Product, which shall be NP 15, SP 15, and/or ZP 26, as selected by Seller.

3.3 Delivery Period. Subject to the satisfaction of the Conditions Precedent, the “Delivery Period” shall commence as of the date upon which CPUC approval occurs and last through and until the date upon which the amount of Green Attributes conveyed to the buyer meets the Total Amount following December 31, 2024.

ARTICLE 4

CONDITIONS PRECEDENT

4.1 Conditions Precedent. Notwithstanding any other provision of this Confirmation to the contrary, all of the Parties’ obligations are conditioned upon (a) CPUC Approval; and (b) Seller’s receipt of the Performance Assurance described in Article 7 as applicable from Buyer no

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later than five (5) Business Days following Seller’s Notice to Buyer of CPUC Approval (collectively, “Conditions Precedent”).

ARTICLE 5

CONVEYANCE OF GREEN ATTRIBUTES

5.1 Green Attributes. Seller represents and warrants that Seller holds the rights to such Green Attributes from the Resources in the Long-Term Resource Pool and Seller agrees to convey such Green Attributes to Buyer as included in the delivery of Product from the Resources in the Long-Term Resource Pool subject to the terms and conditions of this Agreement.

5.2 Conveyance of Green Attributes. Seller shall convey to Buyer the Green Attributes associated with Product no later than twenty-five (25) Business Days once the following have occurred: (a) Seller has obtained the WREGIS Certificates for the Green Attributes for the applicable Calculation Period or calendar year and (b) Seller has received Buyer’s payment of the Monthly Cash Settlement Amount in accordance with Article 6 herein. Since WREGIS Certificates will only be created for whole MWh amounts of RPS Energy generated, any fractional MWh amounts (i.e., kWh) will be carried forward until sufficient generation is accumulated for the creation of a WREGIS Certificate. During the Delivery Period, Seller shall transfer all right, title, and interest in and to the WREGIS Certificates to Buyer’s WREGIS account in an aggregate amount equivalent to the Total Amount.

5.3 WREGIS Certificate True-Up. A “WREGIS Certificate True-Up” means any deficit or surplus in WREGIS Certificates delivered to Buyer for a calendar month as compared to the Monthly Amount for the same calendar month (“True-Up Month”). Any adjustments to resolve a WREGIS Certificate True-Up will be made as an adjustment on Seller’s monthly invoice to Buyer in accordance with Article 6, provided that no adjustments will be made for any WREGIS Certificate True-Up after twenty-four (24) months from the True-Up Month.

ARTICLE 6

COMPENSATION

6.1 Calculation Period. The “Calculation Period” shall be each calendar month or portion thereof that Delivery was conveyed to Buyer.

6.2 Monthly Cash Settlement Amount. Buyer shall pay Seller the Monthly Cash Settlement Amount, in arrears, for each Calculation Period.

The “Monthly Cash Settlement Amount” for a particular Calculation Period shall be equal to (a) plus (b) minus (c), where:
(a) equals the product of (i) the Index Price multiplied by (ii) the Monthly Amount; and
(b) equals the product of (i) the Green Attributes Price, multiplied by (ii) the Monthly Amount; and

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(c) equals the product of (i) the Index Price multiplied by (ii) the Monthly Amount.

6.3 Payment. Notwithstanding anything to the contrary in Article Six of the Master Agreement, Buyer shall pay Seller the Monthly Cash Settlement Amount four (4) calendar months following the applicable Calculation Period and on or before the later of: (a) the twenty-fifth (25th) day of the month in which Buyer receives from Seller an invoice for the Calculation Period to which the Monthly Cash Settlement Amount pertains, or (b) within fifteen (15) days following receipt of an invoice issued by Seller for such applicable Calculation Period, provided that if such payment due date is not a Business Day, then on the next Business Day. This provision shall survive termination or expiration of the Agreement for all amounts due prior to such termination or expiration.

ARTICLE 7

CREDIT TERMS

7.1 This Confirmation’s credit requirements for the RPS Energy portion of the Product shall be governed by the Master Agreement

7.2 This Confirmation’s credit requirements for the Green Attributes portion of the Product shall apply as specified below:
(a) If the Master Agreement has a Collateral Annex, then the Exposure Amount for the Green Attributes portion of Product shall be equal to zero. (b) In the event the Master Agreement does not have a Collateral Annex and Section 8.2(c), entitled “Collateral Threshold” with respect to “Party B Credit Protection”, of the Master Agreement applies, then for the Green Attributes portion of the Product to be delivered to Party B, the definition of Termination Payment in Section 8.2(c) of the Master Agreement will be zero.

7.3 Section 8.1 of the Master Agreement, entitled “Party A Credit Protection”, and all corresponding provisions of (i) the Cover Sheet to Section 8.1 of the Master Agreement and (ii) the Collateral Annex with respect to such Section 8.1 and the applicable provisions thereto of Paragraph 10 to the Collateral Annex do not apply to this Confirmation.

ARTICLE 8
SELLER’S REPRESENTATIONS, WARRANTIES, AND COVENANTS

8.1 Seller Representations and Warranties. Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that: (i) the Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource (“ERR”) as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project’s output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law.

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(a) For the avoidance of doubt, the term “Project” as used in the immediately preceding paragraph means Resources in the Long-Term Resource Pool, and the phrase “Delivery Term” means the Delivery Period.

8.2 Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the Renewable Energy Credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08-08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law.
(a) For the avoidance of doubt, the phrase “Delivery Term” as used in the immediately preceding paragraph means the Delivery Period.

8.3 Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. (a) For the avoidance of doubt, the term “contract” as used in the immediately preceding paragraph means this Confirmation, and the phrase “first delivery” means the first date of the Delivery Period.

8.4 In addition to the foregoing, Seller warrants, represents and covenants, as of the Confirmation Effective Date and throughout the Delivery Period, that:
(a) Seller has the contractual rights to sell all right, title, and interest in Product required to be delivered hereunder;
(b) at the time of delivery, all rights, title, and interest in Product required to be delivered hereunder are free and clear of all liens, taxes, claims, security interests, or other encumbrances of any kind whatsoever; (c) Seller shall not substitute or purchase any Product from any generating resource other than the Resource(s) in the Long-Term Resource Pool hereunder; (d) the facility(s) designated by Seller as the Resource(s) in the Long-Term Resource Pool and all electrical output from the facility(s) designated as the Resource(s) in the Long-Term Resource Pool are, or will be, by the first date of the Delivery Period, registered with WREGIS as RPS-eligible.
(e) As of the Confirmation Effective Date and throughout the Delivery Period, Seller represents, warrants and covenants that the Resource(s) in the Long-Term Resource Pool meet the criteria in either (i) or (ii)

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(i) The facility(s) designated by Seller as the Resource(s) in the Long-Term Resource Pool either has a first point of interconnection with a California Balancing Authority, or a first point of interconnection with distribution facilities used to serve end users within a California Balancing Authority Area; or; (ii) The facility(s) designated by Seller as the Resource(s) in the Long-Term Resource Pool has an agreement to dynamically transfer electricity to a California Balancing Authority.
(f) If and to the extent that the Product sold by Seller is a resale of part or all of a power purchase agreement between Seller and one or more third parties, Seller represents, warrants and covenants that the resale complies with the following conditions in (i) through (iv) below as of the Confirmation Effective Date and throughout the Delivery Period:
(i) The original upstream third party contract(s) meets the criteria of California Public Utilities Code Section 399.16(b)(1)(A); (ii) This Agreement transfers only RPS Energy and Green Attributes that have not yet been generated prior to the commencement of the Delivery Period; (iii) The RPS Energy transferred hereunder is transferred to Buyer in real time; and
(iv) If a Resource has an agreement to dynamically transfer electricity to a California Balancing Authority, the transactions implemented under this Agreement are not contrary to any condition imposed by a Balancing Authority participating in the dynamic transfer arrangement.

ARTICLE 9

TERMINATION AND CALCULATION OF SETTLEMENT AMOUNT
In the event this Transaction becomes a Terminated Transaction pursuant to Section 5.2 of the Master Agreement, then the Settlement Amount with respect to this Transaction shall not be calculated in accordance with the Master Agreement, but instead will be calculated as follows:

The Non-Defaulting Party shall determine its Gains and Losses by determining the Market Quotation Average Price for the Terminated Transaction. In the event the Non-Defaulting Party is not able, after commercially reasonable efforts, to obtain the Market Quotation Average Price with respect to the Terminated Transaction, then the Non-Defaulting Party shall calculate its Gains and Losses for the Terminated Transaction in a commercially reasonable manner by calculating the arithmetic mean of the quotes of at least three (3) Broker or Index Quotes based on the offers to sell or bids to buy, as applicable, obtained for transactions substantially similar to the Terminated Transaction. Such Broker or Index Quotes must be obtained assuming that the Party obtaining the quote will provide sufficient credit support for the proposed transaction. In the event the Non-Defaulting Party is not able, after commercially reasonable efforts to obtain at least three (3) such Broker or Index Quotes with respect to the Terminated Transaction, then the Non-Defaulting Party shall calculate its Gains and Losses for such Terminated Transaction in a

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DocuSign Envelope ID: FE696684-30FF-4231-82A4-CA09D664D7C5 -7-
commercially reasonable manner by reference to information supplied to it by one or more third parties including, without limitation, quotations (either firm or indicative) of relevant rates, prices, yields, yield curves, volatilities, spreads or other relevant market data in the relevant markets. Third parties supplying such information may include, without limitation, dealers in the relevant markets, end-users of the relevant product, information vendors and other sources of market information; provided, however, that such third parties shall not be Affiliates of either Party. Only in the event the Non-Defaulting Party is not able, after using commercially reasonable efforts, to obtain such third-party information, then the Non-Defaulting Party shall calculate its Gains and Losses for such Terminated Transaction in a commercially reasonable manner using relevant market data it has available to it internally. If the Non-Defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any, resulting from the termination of this Transaction, the Settlement Amount for this Transaction will be zero.

ARTICLE 10

GENERAL PROVISIONS

10.1 Buyer Audit Rights. In addition to any audit rights provided under the Master Agreement, Seller shall, upon the Confirmation Effective Date and continuing until the end of the Delivery Period, provide documentation (which may include, for example, WREGIS reports) sufficient to demonstrate that Product has been conveyed and delivered to Buyer.

10.2 Governing Law.
(a) Notwithstanding any provision to the contrary in the Master Agreement, the Governing Law applicable to this Agreement shall be as set forth herein. This Section 9.2 does not change the Governing Law applicable to any other confirmation or transaction entered into between the Parties under the Master Agreement. (b) Governing Law. This agreement and the rights and duties of the parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this agreement.

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ACKNOWLEDGED AND AGREED TO:

Buyer, or Party A:

Central Coast Community Energy, a
California joint powers authority
Sign:

Seller, or Party B:

PACIFIC GAS AND ELECTRIC
COMPANY, a California corporation
Sign:

Print:

Title:

Date:

Robert M. Shaw
CEO
4/11/2023
Print:

Title:

Date:

Approved as to Form
Sign:

Print:

Title:

Date:

Brian Kimball
General Counsel
4/11/2023

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APPENDIX A

DEFINED TERMS
Any capitalized terms used in this Confirmation but not otherwise defined below shall have the meaning ascribed to such term in the Master Agreement:
“Applicable Law” means any statute, law, treaty, rule, tariff, regulation, ordinance, code, permit, enactment, injunction, order, writ, decision, authorization, judgment, decree or other legal or regulatory determination or restriction by a court or Governmental Authority of competent jurisdiction, or any binding interpretation of the foregoing, as any of them is amended or supplemented from time to time, that apply to either or both of the Parties, the Product, or the terms of the Agreement.
“Balancing Authority” has the meaning set forth in the Tariff. “Business Day” means all calendar days other than those days on which the Federal Reserve member banks in New York City are authorized or required by law to be closed, and shall be between the hours of 8:00 a.m. and 5:00 p.m. Pacific Prevailing Time for the relevant Party’s principal place of business where the relevant Party, in each instance unless otherwise specified, shall be the Party from whom written communications or payment or delivery is being sent and by whom written communications or payment or delivery is to be received. “Buyer” means Party A.
“CAISO” means the California Independent System Operator Corporation or the successor organization to the functions thereof.
“Confirmation Effective Date” means the date in which the Confirmation is fully executed by both Parties.
“CPUC” means the California Public Utilities Commission. “CPUC Approval” means a final and non-appealable order of the CPUC, without conditions or modifications unacceptable to the Parties, or either of them, which approves this Agreement in its entirety, including payments to be made by the Buyer, subject to CPUC review of the Buyer's administration of the Agreement. CPUC Approval will be deemed to have occurred on the date that a CPUC decision containing such findings becomes final and non-appealable. For the purpose of this definition of “CPUC Approval”, a CPUC Energy Division disposition which contains such findings, or deems approved an advice letter requesting such findings, shall be deemed to satisfy the CPUC decision requirement set forth above. Also, for the purpose of this definition of “CPUC Approval” only, the references therein to “Buyer” shall mean “Seller”.
“California Renewables Portfolio Standard” or “RPS” means the California renewables portfolio standard, as set forth in Cal. Pub. Util. Code §§ 399.11 et seq. and Cal. Pub. Res. Code §§ 25740-25751, and as administered by the CEC as set forth in the CEC RPS Eligibility Guidebook (9th Ed.), as may be subsequently modified by the CEC, and the California Public

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Utilities Commission (“CPUC”) as set forth in CPUC Decision (“D”) 08-08-028, D.08-04-009, D.11-01-025, D.11-12-020, D.11-12-052, D.12-06-038 and D.14-12-023, and as may be modified by subsequent decision of the CPUC or by subsequent legislation, and regulations promulgated with respect thereto.
“CEC” means the California Energy Commission.
“CPUC” means the California Public Utilities Commission. “Delivery Period” has the meaning set forth in Section 3.3. “Delivery Point” has the meaning set forth in Section 3.2. “Election” has the meaning set forth in Section 2.2.
“Energy” means electrical energy, measured in MWh.
“FERC” means the Federal Energy Regulatory Commission.
“Green Attributes” means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Resource, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (a) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (b) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by Law, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere ; (c) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state Law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser’s discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local Law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy. Green Attributes do not include (i) any Energy, capacity, reliability or other power attributes from the Resource, (ii) production tax credits associated with the construction or operation of the Resource and other financial incentives in the form of credits, reductions, or allowances associated with the Resource that are applicable to a state or federal income taxation obligation, (iii) fuel-related subsidies or “tipping fees” that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Resource for compliance with local, state, or federal operating and/or air quality permits. If the Resource is a biomass or biogas facility and Seller receives any tradable Green Attributes based on the greenhouse gas reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Buyer with sufficient Green Attributes to ensure that there are zero net emissions associated with the production of electricity from the Resource.

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"Green Attributes Price” has the meaning set forth in Section 2.3. “Governmental Authority” or “Governmental Entity” means any federal, state, local or municipal government, governmental department, commission, board, bureau, agency, or instrumentality, or any judicial, regulatory or administrative body, or the CAISO or any other transmission authority, having or asserting jurisdiction over a Party or the Agreement. “Index Price” means the Trading Hub price (as defined in the Tariff) measured in $/MWh, for each MWh of Product, and associated with the Product to the Delivery Point for each applicable hour as published by the CAISO on the CAISO website; or any successor thereto, unless a substitute publication and/or index is mutually agreed to by the Parties. “Long-Term Resource Pool” means Seller’s Resources in Appendix B reflecting all PCIA-eligible RPS resources remaining after Voluntary Allocation with power purchase agreements with terms that have greater than 10 years remaining from the start of the Delivery Period that meet the criteria of Public Utilities Code §399.16(b)(1). The actual resources included in this pool (and listed in Appendix B) may change for the reasons set forth in Section 2.4.
“MWh” means megawatt-hour.
“Monthly Cash Settlement Amount” has the meaning set forth in Section 6.2. “Monthly Amount” has the meaning set forth in Section 2.1. “PG&E” means the Pacific Gas and Electric Company, its successors and assigns. “PCIA” or “Power Charge Indifference Adjustment” is a charge to ensure that both PG&E customers and those who have left PG&E service to purchase electricity from other providers pay for the above-market costs for electric generation resources that were procured by PG&E on their behalf. “Above market” refers to expenditures for generation resources that cannot be fully recovered through sales of these resources at current market prices. “Product” has the meaning set forth in Section 1.1.
“Renewable Energy Credits” or “REC” has the meaning set forth in California Public Utilities Code Section 399.12(h) and CPUC Decision 08-08-028, as may be amended from time to time or as further defined or supplemented by Law.
“Resource(s)” means generation units owned by Seller or contracted by Seller, which corresponding costs are recovered through the PCIA.
“RPS Energy” means the Energy generated from Resources from the Long- Term Resource Pool.
“Scheduling Coordinator (SC)” means an entity certified by the CAISO to perform the functions as described in the Tariff.

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“Seller” means Party B.
“Tariff” means the FERC-approved California Independent System Operator Tariff, including any current CAISO-published “Operating Procedures” and “Business Practice Manuals,” as may be amended, supplemented or replaced from time to time. “Total Amount” has the meaning set forth in Section 2.1. “Voluntary Allocation” means the 2022 process by which PG&E allocates its PCIA-eligible RPS Energy among all PCIA-eligible load-serving entities in its service territory up to their forecasted, vintaged, annual load shares and the actual, vintaged, annual RPS Energy production of PCIA-eligible RPS Energy resources, as defined in CPUC Decision D.21-05-030, or as modified by subsequent decision of the CPUC.
“WREGIS” means the Western Renewable Energy Generation Information System or any successor renewable energy tracking program.
“WREGIS Certificate” has the same meaning as “Certificate” as defined by WREGIS in the WREGIS Operating Rules and are designated as eligible for complying with the California Renewables Portfolio Standard.

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DocuSign Envelope ID: FE696684-30FF-4231-82A4-CA09D664D7C5 B-1

APPENDIX B

LIST OF RESOURCES IN LONG-TERM RESOURCE POOL
Resource Name Technology

CES RPS
ID
PCIA
Vintage End Date
Montezuma Wind Energy Center Wind 60543A 2010 1/27/2036 High Plains Ranch II Solar PV 60603A 2008 10/30/2038
Topaz Solar Farm Solar PV 61698A 2008 10/26/2039
Ivanpah Unit 1
Solar
Thermal 62273A 2009 1/20/2039
Ivanpah Unit 3
Solar
Thermal 62275A 2009 1/26/2039
AV Solar Ranch One Solar PV 60790A 2009 11/20/2039
Agua Caliente Solar Project Solar PV 60894A 2009 6/22/2039 High Plains Ranch III Solar PV 60603A 2010 9/30/2038
Mojave Solar Project
Solar
Thermal 60848A 2009 11/20/2039
Genesis Solar Energy Project
Solar
Thermal 60605A 2009 3/6/2039
DTE Stockton Biomass 60964A 2009 2/20/2039
Alpaugh 50 Solar PV 60945A 2010 3/7/2038
Alpaugh North Solar PV 60946A 2010 3/7/2038
Atwell Island Solar PV 60947A 2010 3/11/2038
Corcoran Solar PV 60948A 2010 8/14/2038
White River Solar PV 60949A 2010 6/26/2038
Sunshine Landfill Landfill Gas 60815A 2010 8/31/2034
Potrero Hills Landfill Landfill Gas 63116A 2010 4/12/2041 Desert Center Solar Farm Solar PV 61068A 2010 12/16/2039 North Star Solar Solar PV 61198A 2010 6/19/2035
Vasco Wind Energy Center Wind 61344A 2010 3/12/2037
Montezuma II Wind Energy Center Wind 61345A 2010 3/13/2037 Westlands Solar Farms Solar PV 61755A 2011 4/30/2034
Orion Solar Solar PV 61570A 2011 6/25/2034
North Sky River Energy Center Wind 61385A 2011 12/20/2037 Copper Mountain Solar 2 Solar PV 60990A 2011 5/12/2040
Shiloh IV Wind Project Wind 61617A 2011 1/27/2038
West Antelope Solar PV 61850A 2012 2/8/2035
Western Antelope Blue Sky Ranch A Solar PV 61517A 2012 2/16/2035 SPI Biomass Portfolio Biomass 60088A 2012 9/22/2035
SPI Biomass Portfolio Biomass 61146A 2012 9/22/2035
SPI Biomass Portfolio Biomass 60087A 2012 9/22/2035
SPI Biomass Portfolio Biomass 60089A 2012 9/22/2035

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DocuSign Envelope ID: FE696684-30FF-4231-82A4-CA09D664D7C5 B-2
SPI Biomass Portfolio Biomass 60576A 2012 9/22/2035
Kansas Solar PV 61263A 2012 12/31/2037
Lost Hills Solar Solar PV 61893A 2012 12/31/2043
Cuyama Solar Array Solar PV 61891A 2012 12/31/2043
Blackwell Solar Solar PV 61892A 2012 12/31/2043
Henrietta Solar Solar PV 61841A 2012 9/30/2036
Kent South Solar PV 61262A 2012 2/18/2035
Algonquin SKIC 20 Solar Solar PV 61558A 2012 3/30/2035
Mammoth G1 Geothermal 60306A 2012 12/25/2033
Alamo Solar, LLC Solar PV 61453A 2012 6/29/2035
CID Solar PV Project Solar PV 62285A 2012 3/19/2035
Old River One Solar PV 60853A 2013 2/8/2035
Shafter Solar Solar PV 62325A 2013 7/15/2035
Rising Tree Wind Farm II Wind 62426A 2013 8/6/2035
Kekawaka Creek Hydroelectric Facility Small Hydro 60186A 2013 5/31/2035 RE Astoria Solar PV 62284A 2013 1/2/2034
Midway Solar Farm I Solar PV 61295A 2013 5/31/2040
California Flats Solar Project Solar PV 62552A 2013 4/9/2034 Portal Ridge Solar C Project Solar PV 61684A 2014 4/20/2037 Sunray 2 Solar PV 62694A 2014 8/24/2037
Bayshore Solar A Solar PV 63133A 2015 4/17/2038
Bayshore Solar B Solar PV 63134A 2015 4/17/2038
Bayshore Solar C Solar PV 63135A 2015 4/17/2038
Java Solar Solar PV 63137C 2016 1/30/2040
RE Gaskell West 3 Solar PV 63619C 2017 3/22/2038
RE Gaskell West 4 Solar PV 63617C 2017 3/22/2038
RE Gaskell West 5 Solar PV 63618C 2017 3/22/2038
PGE Alta Small Hydro 60033 Pre-2002 N/A
PGE Centerville Small Hydro 60034 Pre-2002 N/A
PGE Coleman Small Hydro 60037 Pre-2002 N/A
PGE Cow Creek Small Hydro 60038 Pre-2002 N/A
PGE Crane Valley Small Hydro 60039 Pre-2002 N/A
PGE Deer Creek Small Hydro 60040 Pre-2002 N/A
PGE De Sabla Small Hydro 60041 Pre-2002 N/A
PGE Dutch Flat 1 Small Hydro 60042 Pre-2002 N/A
PGE Halsey Small Hydro 60043 Pre-2002 N/A
PGE Hamilton Branch Small Hydro 60044 Pre-2002 N/A
PGE Hat 1 Small Hydro 60045 Pre-2002 N/A
PGE Hat 2 Small Hydro 60046 Pre-2002 N/A
PGE Inskip Small Hydro 60047 Pre-2002 N/A
PGE Kerckhoff 1 Small Hydro 62360 Pre-2002 N/A

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DocuSign Envelope ID: FE696684-30FF-4231-82A4-CA09D664D7C5 B-3
PGE Kilarc Small Hydro 60049 Pre-2002 N/A
PGE Lime Saddle Small Hydro 60050 Pre-2002 N/A
PGE Newcastle Small Hydro 60053 Pre-2002 N/A
PGE Oak Flat Small Hydro 60276 Pre-2002 N/A
PGE Phoenix Small Hydro 60054 Pre-2002 N/A
PGE Potter Valley Small Hydro 60055 Pre-2002 N/A
PGE Five Points Solar PV 61432 2010 N/A
PGE Stroud Solar PV 61434 2010 N/A
PGE Westside Solar PV 61433 2010 N/A
PGE Cantua Solar PV 61823 2011 N/A
PGE Giffen Solar PV 61822 2011 N/A
PGE Huron Solar PV 61821 2011 N/A
PGE Gates Solar PV 62353 2012 N/A
PGE Guernsey Solar PV 62354 2012 N/A
PGE West Gates Solar PV 62352 2012 N/A
PGE Rock Creek RPS Small Hydro 62269 Pre-2002 N/A
PGE San Joaquin 1A Small Hydro 60056 Pre-2002 N/A
PGE San Joaquin 2 Small Hydro 60057 Pre-2002 N/A
PGE San Joaquin 3 Small Hydro 60058 Pre-2002 N/A
PGE South Small Hydro 60059 Pre-2002 N/A
PGE Spaulding 1 Small Hydro 60060 Pre-2002 N/A
PGE Spaulding 2 Small Hydro 60061 Pre-2002 N/A
PGE Spaulding 3 Small Hydro 60062 Pre-2002 N/A
PGE Spring Gap Small Hydro 60063 Pre-2002 N/A
PGE Toadtown Small Hydro 60064 Pre-2002 N/A
PGE Tule River Small Hydro 60065 Pre-2002 N/A
Vaca-Dixon Solar (PG&E) Solar PV 60966 2010 N/A
PGE Volta 1 Small Hydro 60066 Pre-2002 N/A
PGE Volta 2 Small Hydro 60067 Pre-2002 N/A
PGE West Point Small Hydro 60068 Pre-2002 N/A
PGE Wise 1 Small Hydro 60069 Pre-2002 N/A
PGE Wise 2 Small Hydro 60070 Pre-2002 N/A
PGE A.G.Wishon Small Hydro 60032 Pre-2002 N/A

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Staff Report Item 2.3
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
SUBJECT: Delegate Authority to the CEO to Participate in Pacific Gas & Electric’s and Southern California Edison’s Spring 2023 PCIA Market Offer for Long-Term Renewable Energy Credit Products; and to Execute Agreements for up to the Awarded Volumes in Amounts Not-to-Exceed a total of $177,000,0000 with Terms of at Least 10 Years DATE: 4/12/2023
RECOMMENDATION:

This recommends the Operations Board delegate authority to the to participate in Pacific Gas & Electric and Southern California Edison’s (“PG&E” an “SCE” respectively or “IOUs” jointly) Spring 2023 PCIA Market Offer for Long-Term Renewable Energy Credit Products (the “Solicitation”) and to execute agreements for up to the awarded volume in amounts not-to-exceed a total of $177,000,0000 with terms of at least 10 years.

This delegation is necessary because PG&E and SCE require auction participants represent that they can execute accepted portions of any awarded volumes without delay. The requested authority will only be exercised where, in the CEO’s determination, an awarded volume is necessary to meet 3CE procurement objectives and compliance obligations. Executed volumes will be reported back to the Operations Board at its earliest scheduled meeting.

BACKGROUND:

In September 2020, Central Coast Community Energy established its goal of having 100% of its retail load served by clean and renewable energy by 2030, fifteen years ahead of California’s SB 100 mandate.

California’s Renewable Portfolio Standard (“RPS”) also mandates a certain percent of energy be met via eligible renewables and that starting in 2021 at least 65 percent of the RPS be met through contracts of at least ten years in length, called long-term Renewable Energy Credits (“RECs”).

To meet its 100% Clean and Renewable goal by 2030, 3CE is aggressively pursuing new incremental generation projects, resulting in 15 long-term Power Purchase Agreements for RPS eligible resources,

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including nine new-build solar photovoltaic with lithium-ion storage. 3CE’s latest RFP was issued in January 2023 and staff is currently evaluating proposals.

Through a series of rulemaking proceedings, the California Public Utilities Commission (the “Commission”) had considered adjustments and alternatives to the Power Charge Indifference Adjustment (“PCIA”). D.21-05- 030 was issued on May 24, 2021, as part of Phase 2 of the PCIA proceeding and addresses portfolio optimization activities associated with RPS resources subject to PCIA cost recovery. A Voluntary Allocation and Market Offer (“VAMO”) mechanism was adopted. The Voluntary Allocation (VA) process authorized the IOUs to allocate a “slice” of an IOU’s PCIA-eligible RPS portfolio to eligible load serving entities (“LSEs”) in proportion to the LSE’s vintaged, forecasted annual load priced at a variable annual benchmark. The second phase of the process is the Market Offer. Under this process the IOUs are authorized to offer the remaining portion of their renewable portfolio not allocated during the Voluntary Allocation to market participants at a fixed price. Under VAMO, LSEs have the option to contract for a long-term allocation, short-term allocation, bid to procure a short- term or long-term portion of the PCIA portfolio, or decline all or a portion of their allocation.

DISCUSSION/ANALYSIS:

On March 7, 2023, the IOUs each issued a Long-Term Market Offer for PCIA-eligible RPS energy. These Solicitations allow load serving entities (LSEs) to offer to purchase the unallocated portion of each IOUs PCIA renewable energy portfolio. The projects being sold off by the IOUs have contract end dates out through 2043. If awarded, and if 3CE accepts the award, 3CE is required to enter a contract with a term equal to the IOUs contract end dates out through 2043, or up to a 20-year term.

The REC products offered through the IOUs’ Solicitations are critical to 3CE’s strategy for compliance with its SB 350 obligation, which requires 40% of 3CE’s retail load be met with RPS eligible resources over the next compliance period of 2021 through 2024 (“Compliance Period Four”). PPA project delays caused by supply chain constraints and inflationary pressures are impacting 3CE’s compliance strategy which relied on aggressively pursuing new incremental RPS projects. Current project delays may result in 3CE being as much as 22% short of its RPS requirements instead of the planned 31% long in Compliance Period 4. Penalties for Compliance Period 4 deficiencies are significant at $50/MWh. The IOUs Spring 2023 PCIA Long-Term Market Offer provides 3CE an opportunity to pick up additional RECs to avoid penalties while hedging against further project delays and reducing the PCIA obligation of its customers.

In February 2023, 3CE issued our own request for offers for 2023 and 2034 RECs and received zero bids, likely a reflection of the increased demand for RECs caused by industry-wide project delays. The IOUs’ Solicitation may represent the only commercially viable opportunity to secure RECs for the current compliance period as the IOUs each control a significant portion of RPS eligible RECs in the market.

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3CE submitted bids in the IOUs’ Solicitations on April 11, 2023, following support received from the Risk Management Committee on March 27, 2023, to seek this requested Delegation of Authority to the CEO from the Operations Board. IOU determinations regarded awarded volumes are expected in late May 2023.

Any awards will assist with 3CE meeting its RPS compliance obligations in the short and long term.

Given the number of delays to our projects due to supply chain disruptions caused by the COVID19 global pandemic and the interconnection backlog, 3CE has a large need for these RECs, especially in the near term.

FISCAL IMPACT:

If 3CE receives awards from PG&E and SCE for all the submitted offers and the CEO exercises the delegation of authority granted herein, the fiscal impact will not exceed $177,000,000 over the term required by the IOUs, expected to be a minimum of ten years and up to 20 years.

CONCLUSION:

The Operations Board’s approval for the CEO to participate and transact on the IOUs’ Spring 2023 PCIA Market Offer for Long-Term Renewable Energy Credit Products provides an opportunity to avoid potential penalties in Compliance Period 4, while hedging against further PPA project delays, and optimizing the IOUs’ PCIA portfolio for customers’ benefit.

ATTACHMENT(S):

1. IOU RFP Presentation

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Staff Report Item 9
TO: 3CE Operations Board of Directors
FROM: Robert M. Shaw, Chief Executive Officer
PREPARED BY: Dan Bertoldi, Manager of Energy Programs
SUBJECT: Receive update on FY 2022-23 Energy Programs
DATE: September 13, 2023
RECOMMENDATION:

This memorandum recommends that the Operations Board of Directors receive an update on FY 2022- 23 Energy Programs.

DISCUSSION/ANALYSIS:

The 3CE Policy Board of Directors adopted the FY 2022-23 Operating Budget that includes approximately $16M for the FY 2022-23 Energy Programs Portfolio.

FISCAL IMPACT:

There is no fiscal impact associated with this update and report.

CONCLUSION:
3CE’s Energy Programs support local economic stimulation by providing the community and Member Agencies with funding and services to accelerate regional electrification as well as enhanced incentives for underserved customers to reduce GHG emissions throughout the 3CE service area.

ATTACHMENT(S):

1. Update on 3CE Community Energy Programs

2. Update on 3CE Member Agency Services

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FY 22-23 3CE Community Energy Programs
Provided in this report is an update on FY 22-23 Community Energy Programs implementation activities.

Electric Bus Program
On March 1, 2023, 3CE launched the Electric Bus Program. The Electric Bus Program provides 3CE customers with incentives for the purchase or lease of all-electric school buses and agricultural worker transport buses. The Electric Bus Program is intended to reduce GHG emissions from buses, as well as eliminate harmful pollutants emitted by traditional diesel buses near people. To date, 3CE has received one application for a school bus. This program has an incentive budget of $1.4 million.

As of the writing of this report, 3CE has approved two applications for a total of $400,000 for an electric school bus that will go towards Title 1 schools in Monterey and Santa Barbara counties.

Electrify Your Home Program
On October 3, 2022, 3CE staff launched the Electrify Your Home Program (EYH) with implementation support from third-party implementor, Energy Solutions. This residential electrification program provides incentives “midstream” to enrolled contractors who recommend and switch out gas powered appliances in existing single and multi-family buildings with all-electric heat pump water heating and HVAC technologies. These incentives directly reduce the upfront cost for 3CE customers who make the switch to all-electric heat pump technology. In FY 22/23, 3CE budgeted $1.6 million for EYH.

Contractors enrolled in the statewide TECH Clean California (TECH) program also have access to no-cost workforce education and training focused on electrification design and specification, heat pump installation, building science, and soft skills in sales and marketing. There are 75 licensed contractors enrolled in the TECH program that serve part of 3CE’s service area.

The following table summarizes program performance to date:

Approved & Paid Submitted Reserved Total Allocated
Single-family $481,400.00 $122,100.00 $100,400.00 $703,900.00 Multifamily $0 $0 $45,000.00 $45,000.00
Total $481,400.00 $122,100.00 $145,400.00 $748,900.00

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New Construction Electrification Program
On October 3, 2022, 3CE staff launched the New Construction Electrification Program (NCEP). This year’s iteration of NCEP provides affordable and farmworker housing developers, and homeowners building Accessory Dwelling Units (ADU), with incentives to build all-electric housing. Housing 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. Incentives will be provided on a per-unit basis and will be provided “downstream” to developers and homeowners upon successful completion of the project. In FY 22/23, 3CE has budgeted $1.5 million for NCEP.

As of the writing of this report, staff have received and approved six (6) multi-unit projects totaling $500,000 in funding reservations for a total of 200 affordable housing units. 3CE has also received and approved 17 applications for ADU projects for a total of $90,000. See Figure 1 below for total program funds reserved by county in FY 22/23. For a full list of all NCEP funds reserved since FY 19/20, please see Appendix A, attached to this document.

Figure 1 (above): Shows NCEP funds distributed by County in FY 22/23.

Electrify Your Ride Program
On November 1, 2022, 3CE staff launched the third iteration of the Electrify Your Ride (EYR) Program.

Building off last year’s program, the Electrify Your Ride Program provides rebates to 3CE 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”.

Residential, commercial/agricultural, and public agency customers are welcome to apply. Higher incentive amounts are available through this program for income-qualified customers to promote greater adoption of transportation electrification in disadvantaged and low-income communities.

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The following figures summarize program performance based on over 700 approved applications received to date:

Figure 2 (above): Shows Electrify Your Ride funds distributed by County in FY 22/23.

Figure 3 (above): Shows Electrify Your Ride Program funds distributed by Measure type in FY 22/23.

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Figure 4 (above): Shows a breakdown of funds distributed to income qualified applicants. Tier 1 = 201 - 400% of the Federal Poverty Level (“FPL”); Tier 2 = less than 200% of FPL; N/A = Non-Income Qualified applicants Ag Electrification Program
On December 8, 2022, staff launched the fourth iteration of the Agricultural Electrification Program (“Ag Program”). The Ag Program provides incentives to 3CE customers for replacement of fossil fuel powered agricultural equipment with new electric equipment including irrigation pumps, farm tools, tractors, utility vehicles, and other equipment. Incentives are provided “downstream” directly to the customer after proof of purchase and/or installation of equipment.

Like last year, applications for projects with the greatest estimated GHG emissions reduction as well as those submitted by small to medium sized businesses will be supported by the highest incentive levels.

The following figures summarize program performance based on approved applications received to date:

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Figure 5 (above): Shows total funds reserved or distributed by County for the FY 22/23 AG Electrification Program.

Figure 6 (above): Shows Ag Electrification Program funds distributed by equipment type in FY 22/23.

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Appendix A – NCEP Approved Housing Developments, by City Installation City Development Name
Estimated Project
Completion Date
Total Reserved
Funds
Total # of
Housing
Units
(Final) Status
Atascadero Paseo Paloma 11/1/2026 $180,000.00 72 Funds Reserved Buellton Village Senior Apartments 8/31/2024 $122,500.00 49 Funds Reserved Goleta Heritage Ridge 2/28/2025 $102,500.00 41 Funds Reserved Goleta Hollister Lofts 12/31/2023 $90,000.00 36 Funds Reserved Guadalupe Escalante Meadows 6/1/2023 $200,000.00 80 Funds Reserved Hollister Riverview Estates II 4/12/2023 $60,000.00 24 Project Complete Hollister Santana Ranch Apartments 3/1/2023 $139,250.00 56 Funds Reserved Hollister Phase 1 of Santana Ranch Apartments 3/1/2023 $37,500.00 16 Funds Reserved Hollister The Apartments at Santana Ranch, Phase 2 12/31/2023 $137,500.00 55 Funds Reserved Lompac (Unincorporated SB
County) Brisa Encina 7/31/2024 $122,500.00 49 Funds Reserved Lompoc Plaza de la Bandera 10/15/2025 $110,000.00 44 Funds Reserved New Cuyama Perkins Place 4/30/2025 $82,500.00 33 Funds Reserved Pismo Beach Shell Beach Senior Apartments 5/1/2024 $62,500.00 25 Funds Reserved Pismo Beach Pismo Terrace 7/31/2023 $125,000.00 50 Funds Reserved Salinas 467, 479 E. Market Street 1/31/2025 $156,750.00 84 Funds Reserved San Luis Obispo
Presidio WH SLR 80 Towns, LLC (Williams Homes)
Fig at the Orchard- Tract 3150 2/16/2022 $141,500.00 80 Funds Reserved San Luis Obispo
Presidio WH SLR 120 Lofts Efficiency Units at the
Orchard -Tract 3150 6/15/2022 $214,500.00 120 Funds Reserved San Luis Obispo Iron & Oak 12/31/2022 $29,750.00 17 Project Complete San Luis Obispo Vinifera 10/10/2022 $76,000.00 40 Project Complete San Luis Obispo Broad Street 10/24/2022 $100,000.00 40 Funds Reserved San Luis Obispo Tiburon Place 10/1/2024 $170,000.00 68 Funds Reserved San Luis Obispo Harvest Lofts 3/31/2023 $213,500.00 122 Funds Reserved San Luis Obispo Harvest Vistas 12/31/2024 $26,250.00 15 Funds Reserved San Luis Obispo Avila Ranch - $35,000.00 14 Funds Reserved Santa Babrara Patterson Point 5/15/2025 $60,000.00 24 Funds Reserved Santa Cruz 180 Permanent Supportive Housing Project 7/12/2023 $240,000.00 121 Funds Reserved Santa Cruz Pacific Station North 4/30/2025 $237,500.00 95 Funds Reserved

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Central Coast Community Energy (3CE) Operations BoardSeptember 13, 2023

Central Coast Community Energy (3CE) Operations Board
September 13, 2023