10. Amendment to Procurement Policy (Action Item) — Ava Community Energy Board of Directors, May 18, 2022

Consent Item 10
Consent Item 10
TO: East Bay Community Energy Board of Directors
FROM: Howard Chang, Chief Operating Officer
SUBJECT: Amend Administrative Procurement Policy
DATE: May 18, 2022
________________________________________________________________________ Recommendation
Adopt a Resolution to amend the Administrative Procurement Policy. The amendments clarify what types of contracts are reported on, outline the requirements for purchases of goods and services under $5,000, explain that signing authority is based on contract amounts during each fiscal year, and format the document for better comprehension.

Background and Discussion
On February 7, 2018, the Board of Directors approved a Resolution adopting an Administrative Procurement Policy. The policy was most recently amended and restated on December 15, 2021. Staff worked with General Counsel to make necessary and appropriate changes to the policy.

This Amendment clarifies the following:

1. Exactly what contracts will be reported monthly to the Board: all contracts excluding non-disclosure agreements, personnel agreements, and power purchase agreements (Section 4.5).

2. A Purchase Order may be used for the purchase of goods or low-risk off-site services under $5,000, a contract is not required (Section III, Table 1).

3. That the dollar amounts mentioned in Section III, Table 2, Table 4 and Table 5, related to signing authority apply to limits per fiscal year.

The Amendment also includes formatting changes that allow for better comprehension.

Fiscal Impact
There is no anticipated fiscal impact associated with these amendments.

Attachments
Consent Item 10
A. Resolution to Amend the Administrative Procurement Policy B. Amended and Restated Procurement Policy (with redline changes from previous version)
C. Amended and Restated Procurement Policy (clean)
Attachment Consent Item 10A
RESOLUTION NO. R-2022-

A RESOLUTION OF THE BOARD OF DIRECTORS

OF THE EAST BAY COMMUNITY ENERGY AUTHORITY TO ADOPT AN AMENDED AND

RESTATED ADMINISTRATIVE PROCUREMENT POLICY
WHEREAS The East Bay Community Energy Authority (“EBCE”) was formed as a community choice aggregation agency (“CCA”) on December 1, 2016, under the Joint Exercise of Powers Act, California Government Code sections 6500 et seq., among the County of Alameda, and the Cities of Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Piedmont, Oakland, San Leandro, and Union City to study, promote, develop, conduct, operate, and manage energy-related climate change programs in all of the member jurisdictions. The cities of Newark and Pleasanton, located in Alameda County, along with the City of Tracy, located in San Joaquin County, were added as members of EBCE and parties to the JPA in March of 2020.

WHEREAS It is in the interest of EBCE to establish administrative procurement practices that facilitate efficient business operations and provide fair compensation and local workforce opportunities whenever possible within a framework of high quality, competitive service offerings;
WHEREAS On February 7, 2018, the Board approved an Administrative Procurement Policy. Recently, on December 15, 2021, the Board approved an Amended and Restated Administrative Procurement Policy 1.7; and WHEREAS EBCE staff feel it would be useful to make certain clarifications and adjustments to the formatting to make the Policy easier to read and understand.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE EAST BAY COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. The Board hereby adopts the Eighth Amended and Restated Administrative Procurement Policy, attached as Exhibit A and listed as Policy # 1.8, which makes clarifications regarding: the categories of contracts that staff will report to the Board on, utilizing purchase orders for purchases of goods and low-risk off-site services under $5,000, and signing authority per fiscal year, as well as adjustments to formatting
ADOPTED AND APPROVED this 18th day of May, 2022.

Attachment Consent Item 10A
Dianne Martinez, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board

SEVENTHFIFTH AMENDED AND RESTATED ADMINISTRATIVE PROCUREMENT POLICY
Policy Number 1.87
December 15, 2021May 18, 2022
Agenda Item # 13
Resolution Number R-2021-54
I. PURPOSE
It is in the interest of East Bay Community Energy (“EBCE”) to establish administrative procurement practices that facilitate efficient business operations and provide fair compensation and local workforce opportunities whenever possible within a framework of high quality, competitive service offerings.

II. TYPES OF CONTRACTS
II.

1. Contracts for Goods and Non-Professional Services. As used in this policy, “General Contractual Services” means:

1.1. Any and all supplies, articles, equipment, or personal property furnished to or used by an organizational unit of EBCE; and

1.2. Most types of services, excluding professional services as defined below, under which the contractor provides services which are required by EBCE, but not furnished by the EBCE’s own employees.

2. Contracts for Professional Services. As used in this policy, “Professional Services” means:

Professional Services are not considered General Contractual Services for the purpose of these procurement procedures.

3. Power Procurement Contracts

3.1. Contracts for energy (also known as Power Purchase Agreements or PPAs) or energy related products shall be subject to the requirements and signing authorities set out in Section IX of this Policy.

4. All Contracts

4.1. When procuring goods and services utilizing federal funds (e.g. grant funds), EBCE shall comply with all federal project requirements and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. (See 2 CFR § 200) Formatted: Character scale: 100%
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Attachment Consent Item 10B

4.2. No EBCE employee, official, or director shall split purchases into more than one purchase in order to avoid the procurement requirements in this policy. Splitting purchases does not allow for a competitive marketplace, increases administrative workflow, and may create ethical issues.

4.3. No EBCE employee, officer, or Director shall accept, directly or indirectly, any gift, rebate, money or anything else of value from any person or entity if such gift, rebate, money or anything of value is intended to reward or be an inducement for conducting business, placing orders with, or otherwise using the employee’s position to secure an agreement with EBCE.

4.4. Prior to signing any agreement for General Contractual Services or Professional Services, the individual signing shall ensure all of the following:

4.4.1. The contract compensation has been budgeted for in the current EBCE budget;

4.4.2. That adequate funds have been appropriated by the Board;

4.4.3. That such funds are unexpended and unencumbered sufficient to pay the expense of the contract; and

4.4.4. That any agreement for General Contractual Services or Professional Services for an amount of $5,000 or more in one calendar year has been approved as to form and content by the General Counsel or his/her designee.

4.5. EBCE shall report on all new contracts, regardless of scope or contract value, at each Board meeting, except non-disclosure agreements, personnel contracts, and Power Purchase Agreements. Unless subject to the attorney client privilege or some other legal protection, as a public agency, EBCE shall release all public records, including contracts, as required by the Public Records Act.

4.6. Agreements with existing vendors may be amended and/or extended to allow for the continuation of services for no more than a total term of five (5) years. Such amendments/extensions are subject to the applicable signing authority identified in Tables 1-4 based on the total dollar amount of the agreement.

4.7. The CEO may suspend the requirements of Section III (General Contractual Services Procurement) or Section V (Professional Services Procurement) for any agreement.

Furthermore, the COO may suspend the requirements of Section III or Section V for any agreement they would otherwise have the authority to sign. However, all agreements for which the required procurement procedures have been suspended pursuant to this Section II. 4.7 must be approved by the Chair and Vice Chair of the Board of Directors and must comply with signing authority restrictions identified in Section III, Table 2, and Section V, Table 4.

5. Promotional Items and Bulk Purchases

5.1. The purchase of office supplies, promotional items, and similarly low risk goods bought in bulk online or otherwise are subject to the relevant procurement methods identified in Section III, but do not require a Consulting Services Agreement or other agreement.

Attachment Consent Item 10B
III. GENERAL CONTRACTUAL SERVICES PROCUREMENT

1. Procurement Method

1.1. Table 1 indicates the appropriate procurement method for the purchase of General Contractual Services of certain dollar amounts.

1.2. Nothing in this section prohibits the use of a more stringent procurement method than the one indicated by Table 1. At his or her discretion, the CEO may direct that an agreement for General Contractual Services is awarded through the Formal Bidding Procedures described herein.

Table 1
PROCUREMENT METHOD DOLLAR AMOUNT per

FISCAL YEAR ADDITIONAL REQUIREMENTS
Formal Bidding Procedure > $100,000 RFP/RFQ
Solicit 3 written quotes; may
be in electronic format $50,000 - $100,000
Quotes must include provider’s
name, address, phone number,
professional
license number, if applicable
Solicit 3 verbal quotes $10,000 - $49,999.99
Staff shall note quotes by
including the providers’ name,
address, phone number and
amount of the verbal l
proposal in EBCE’s records
No solicitation necessary < $10,000 Seek the lowest price for the highest quality
Purchase Order Can Be Used <$5,000 * A contract is not required for theContracts purchase offor
goods or low-risk off- site
services under $5,000only

2. Signing Authority

2.1. Table 2 indicates the appropriate signing authority for the purchase of General Contractual Services of certain dollar amounts.

2.2. Nothing in this section prohibits EBCE staff from seeking approval of a more senior signing authority than is permitted by this policy.

Table 2

SIGNING AUTHORITY DOLLAR AMOUNT
per FISCAL YEAR

CONTRACT TYPE
Board Approval > $100,000 All contracts
Chief Executive Officer, or
his/her designee $0 - $100,000 All contracts
General Counsel $0-$50,000
All contracts related to the activities or
functions of the Office of the General
Counsel
Chief Operating Officer $0-$25,000 All contracts related to the activities or functions of the Office of the COO
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Attachment Consent Item 10B
Senior Director or
Vice President $0-$10,000
All contracts whose object or purpose is
related to the activities or functions of
that Senior Director or Vice President
Director $0-$5,000
All contracts whose object or purpose is
related to the activities or functions of
that Director
IV. FORMAL BIDDING PROCEDURES
Except as otherwise specifically directed in writing by the CEO, agreements for the purchase of General Contractual Services for a total amount that exceeds $100,000 per fiscal year shall be procured as follows:

1. Formal Bid Invitations. Invitations to participate in the Request for Proposal/Request for Qualifications process shall include a general description of the supplies or services sought by EBCE, and shall specify the time, place and date for opening bids.

2. Evaluation. Bids and proposals received through a competitive solicitation shall be subject to a set of criteria and a scoring system, reviewed and evaluated by relevant EBCE staff and an evaluation committee selected by the relevant staff, CEO, COO or General Counsel, or at the discretion of the Board, members of a designated Board subcommittee.

3. Lowest Responsible Bidder. “Lowest responsible bidder” as used in this policy shall mean that bidder who best responds in price, quality, service, fitness, or capacity to the particular requirements of EBCE. Price alone shall not be the determining factor but shall be considered along with other factors, including but not limited to the following:

3.1. EBCE seeks to support companies and contractors that reflect its values and has identified four vendor/contractor categories that shall be given special consideration during bid evaluation and selection. In competitive solicitations, these categories shall receive bonus percentages/points ranging from 2.5% - 5% for a maximum bonus total of 12.5% in a bid scoring process:

3.1.1 Businesses within Service Territory: EBCE desires to support business within its service territory. Businesses with office(s) located in EBCE’s service territory and businesses that have at least 25% of their workforce who reside in EBCE’s service territory shall receive a bonus equal to 5% or 5 points out of a 100-point scoring system in competitive solicitations.

3.1.2 Union Labor: EBCE desires to support the use of union labor where possible. EBCE shall make its best effort to work with unionized contractors and subcontractors in the provision of goods and services to EBCE. Businesses who use union labor and/or unionized contractors shall receive a bonus equal to 2.5% or 2.5 points out of a 100- point scoring system in competitive solicitations.

3.1.3 Disabled Veteran Business Enterprises: EBCE desires to support Disabled Veteran Business Enterprises (DVBEs). Businesses that are registered with the California Department of General Services as a DVBE shall receive a bonus equal to 2.5% or 2.5 points out of a 100-point scoring system in competitive solicitations.

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Attachment Consent Item 10B

3.1.4 Disadvantaged Communities: EBCE desires to support businesses located in a Disadvantaged Community (DAC) as identified by the California Environmental Protection Agency’s (CalEPA) CalEnviroScreen Tool. Businesses with a primary office (i.e. where work is primarily conducted for EBCE) located in a DAC, as determined by the latest version of the Tool at the time, shall receive a bonus equal to 2.5% or 2.5 points out of a 100-point scoring system in competitive solicitations.

3.2. EBCE is committed to the highest standards of responsible behavior and integrity in all of its business relationships. EBCE will consider a company’s business practices, environmental track record, and commitment to fair employment practices and compensation in its procurement decisions.

3.3. Award of Contract. EBCE shall award the contract to purchase goods or services to the lowest responsible bidder, unless such an award would be prohibited by California law.

V. PROFESSIONAL SERVICES PROCUREMENT

1. Procurement Method

1.1. Table 3 indicates the appropriate procurement method for the purchase of Professional Services of certain dollar amounts.

1.2. Nothing in this section prohibits the use of a more stringent procurement method than the one indicated by Table 3. At his or her discretion, the CEO may direct that an agreement for Professional Services is awarded through the Formal Bidding Procedures described herein.

Table 3
PROCUREMENT METHOD DOLLAR AMOUNT per

FISCAL YEAR

ADDITIONAL REQUIREMENTS
Solicit 3 written quotes; may
be in electronic format $50,000 and above
Proposal must include provider’s
name, address, phone number,
professional license number, if
applicable
Solicit 3 verbal quotes $10,000 - $49,999.99
Staff shall note quotes by including
the providers’ name, address,
phone number and amount of the
verbal
proposal in EBCE’s records
No solicitation is necessary $0 - $10,000 Seek the lowest price for the highest quality

2. Signing Authority

2.1. Table 4 indicates the appropriate signing authority for an agreement for Professional Services of certain dollar amounts.

2.2. Nothing in this section prohibits EBCE staff from seeking approval of a more senior signing authority than is permitted by this policy.

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Attachment Consent Item 10B
Table 4

SIGNING AUTHORITY DOLLAR AMOUNT
per FISCAL YEAR

CONTRACT TYPE
Board Approval > $100,000 per
fiscal year
All contracts
Chief Executive Officer, or
his/her designee
$0 - $100,000 per
fiscal year All contracts
General Counsel $0-$50,000 per fiscal
year
All contracts related to the activities or
functions of the Office of the General
Counsel
Chief Operating Officer $0-$25,000 per fiscal
year
All contracts related to the activities or
functions of the Office of the COO
Senior Director or Vice
President
$0-$10,000 per fiscal
year
All contracts whose object or purpose
is related to the activities or functions
of that
Senior Director or Vice President
Director $0-$5,000 per fiscal
year
All contracts whose object or purpose
is
related to the activities or functions of
that Director
VI. SOLE SOURCE PROCUREMENT

1. Under some circumstances, EBCE competitive solicitation requirements may be dispensed with when the goods or services are only available from one source either because the brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the EBCE or the item or service is unique and available only from a sole source.

2. Sole source purchasing, whereby the procurement methods identified in Tables 1-4 are not required, is authorized when the goods or services contemplated are only able to be performed by a sole provider, such as the holder of an exclusive patent or franchise, for the purchase of unique or innovative goods or services including but not limited to computer software and technology, or for purchases of goods or services when there is a demonstrated need for compatibility with an existing item or service used by EBCE.

3. A sole source may be designated when it is apparent that a needed product or service is uniquely available from the source, or for all practical purposes, it is justifiably in the best interest of EBCE.

4. The following factors are not sufficient to justify a sole source procurement:

4.1. Personal preference for product or vendor

4.2. Cost

4.3. Vendor performance

4.4. Local service (this may be considered an award factor in competitive bidding)

4.5. Features that exceed the minimum requirements for the goods or services Formatted: Left
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Attachment Consent Item 10B
VI. EMERGENCY PROCUREMENT

1. In the event of an emergency, the CEO may suspend the normal purchasing and procurement requirements for goods and services related to abatement of the impacts or effects of the emergency.

2. An emergency is deemed to exist in the following circumstances:

2.1. There is an unexpected occurrence requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, including the provision of energy or power to EBCE customers; or

2.2. There is immediate need to prepare for national or local defense; or

2.3. There is a breakdown in infrastructure or an essential service which requires the immediate purchase of supplies or contractual services to protect the public heath, or safety or property; or

2.4. A local emergency or disaster has been declared.

VII. COOPERATIVE PURCHASING

1. The procurement methods identified in Table 1 -4 shall not be required when the contract for goods or services will be provided by another governmental agency.

2. EBCE may adopt another governmental agency’s agreement with a contractor (“Piggyback Agreement”) as its own without adhering to the procurement methods identified in Table 1-4 if that Piggyback Agreement is the product of the respective governmental agency’s formal competitive solicitation process, provided that that agency’s procurement is not in conflict with California law.

VIII. PUBLIC PROJECTS

1. Uniform Public Construction Cost Accounting Act. EBCE adheres to the alternative bidding procedures provided by the Uniform Public Construction Cost Accounting Act, California Public Contract Code section 22000 et seq. (UPCCAA) Public projects (as defined in Section 22002 of the California Public Contract Code) that do not exceed the dollar limits in Section 22032(b) of the Public Contract Code (as such limits currently exist or may subsequently be amended), may be let to contract by informal procedures as set forth in the UPCCAA.

2. At the time of the adoption of this Policy, the UPCCAA applied to the following types of projects:

2.1. Public projects include construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. This includes painting or repainting of any publicly owned, leased, or operated facility.

Attachment Consent Item 10B

2.2. Public projects up to $60,000 may be performed by EBCE employees, by negotiated contract, or by purchase order pursuant to the UPCCAA.

2.3. Public projects up to $200,000 may be contracted using informal procedures as set forth in the UPCCAA.

3. Pre-Qualified List. A list of contractors may be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (CUCCAC).

4. Notice.

4.1. Where a public project is to be performed, a notice inviting informal bids shall be mailed, faxed, or emailed not less than ten (10) days before bids are due to all contractors for the category of work to be bid as shown on the Pre-Qualified list developed in accordance with this Section IV, and to all construction trade journals as specified by the CUCCAC in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids, provided, however; if there is no list of qualified contractors maintained by EBCE for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the CUCCAC.

4.2. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project and state the time and place for the submission of bids.

5. Award of Contract. The CEO and his or her designee is authorized to award public project contracts, subject to the signing authority permitted by Table 5. Nothing in this section prohibits EBCE staff from seeking approval of a more senior signing authority than is permitted by this policy.

Table 5

SIGNING AUTHORITY DOLLAR AMOUNT
per fiscal year
Executive Committee of the Board of
Directors or Board of Directors
Approval
> $100,000 per fiscal year
Chief Executive Officer, or his/her
designee
$0 - $100,000 per fiscal year
General Counsel
$0-$50,000 per fiscal year
Chief Operating Officer $0-$25,000 per fiscal year
Senior Director or Vice President $0-$10,000 per fiscal year Director
$0-$5,000 per fiscal year
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Attachment Consent Item 10B
IX. PROCUREMENT OF POWER

1. EBCE must secure sufficient power resources and energy attributes to serve its customers, comply with State law and meet EBCE’s and its member agencies’ goals. The Board shall approve the form of all master power purchase agreements. The signing authority in Section 4 shall not apply to power and energy attribute procurement. The following EBCE staff shall be authorized to enter into power purchase agreements and other agreements to secure power and energy attributes providing such agreements are in substantially the same form as the Board-approved master power purchase agreements, and that all transactions and agreements are in strict compliance with EBCE’s Risk Management Policy:

1.1. The CEO is authorized to enter into agreements in accordance to the approved Risk Management Policy.

1.2. The COO is authorized to enter into agreements in accordance to the approved Risk Management Policy, provided that transactions shall not be over two years in duration and

1.2. $10,000,000 in total compensation.

1.3. The Director of Power Resources is authorized to enter into agreements in accordance to the approved Risk Management Policy, provided that transactions shall not be over one year in duration and not be over $2,000,000 in compensation.

1.4. With dual signatures, the COO and Director of Power Resources are authorized to enter into agreements with equivalent authority as the CEO in accordance with the approved Risk Management Policy.

X. MISCELLANEOUS

1. The following signing authorities shall apply, after review and approval of the named agreements by the General Counsel, or his/her designee, except where in conflict with the Joint Powers Agreement, state or federal law:

1.1. Non-Disclosure Agreements – Director level and above,

1.2. Banking and Treasury Administration – COO level and above, and

1.3. Release of Liability and Indemnification – Director level and above.

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Attachment Consent Item 10B

SEVENTH AMENDED AND RESTATED ADMINISTRATIVE PROCUREMENT POLICY Policy Number 1.8
May 18, 2022
Agenda Item #
Resolution Number
I. PURPOSE
It is in the interest of East Bay Community Energy (“EBCE”) to establish administrative procurement practices that facilitate efficient business operations and provide fair compensation and local workforce opportunities whenever possible within a framework of high quality, competitive service offerings.

II. TYPES OF CONTRACTS

1. Contracts for Goods and Non-Professional Services. As used in this policy, “General Contractual Services” means:

1.1. Any and all supplies, articles, equipment, or personal property furnished to or used by an organizational unit of EBCE; and

2. Contracts for Professional Services. As used in this policy, “Professional Services” means:

2.1. The services of attorneys, physicians, architects, engineers, consultants, auditors, or other individuals or organizations possessing a high degree of professional, unique specialized technical skill or expertise, not always adaptable to competitive bidding. Professional Services are not considered General Contractual Services for the purpose of these procurement procedures.

3. Power Procurement Contracts

4. All Contracts

4.4. Prior to signing any agreement for General Contractual Services or Professional Services, the individual signing shall ensure all of the following:

4.4.1. The contract compensation has been budgeted for in the current EBCE budget;

4.4.2. That adequate funds have been appropriated by the Board;

4.4.3. That such funds are unexpended and unencumbered sufficient to pay the expense of the contract; and

4.7. The CEO may suspend the requirements of Section III (General Contractual Services Procurement) or Section V (Professional Services Procurement) for any agreement.

5. Promotional Items and Bulk Purchases

Attachment Consent Item 10C
III. GENERAL CONTRACTUAL SERVICES PROCUREMENT

1. Procurement Method

1.1. Table 1 indicates the appropriate procurement method for the purchase of General Contractual Services of certain dollar amounts.

Table 1
PROCUREMENT METHOD DOLLAR AMOUNT per

FISCAL YEAR ADDITIONAL REQUIREMENTS
Formal Bidding Procedure > $100,000 RFP/RFQ
Solicit 3 written quotes; may be
in electronic format $50,000 - $100,000
Quotes must include provider’s name,
address, phone number, professional
license number, if applicable
Solicit 3 verbal quotes $10,000 - $49,999.99
Staff shall note quotes by including
the providers’ name, address, phone
number and amount of the verbal
proposal in EBCE’s records
No solicitation necessary < $10,000 Seek the lowest price for the highest quality
Purchase Order Can Be Used <$5,000 * A contract is not required for the purchase of goods or low-risk off-site services under $5,000

2. Signing Authority

2.1. Table 2 indicates the appropriate signing authority for the purchase of General Contractual Services of certain dollar amounts.

2.2. Nothing in this section prohibits EBCE staff from seeking approval of a more senior signing authority than is permitted by this policy.

Table 2

SIGNING AUTHORITY DOLLAR AMOUNT
per FISCAL YEAR

Price alone shall not be the determining factor but shall be considered along with other factors, including but not limited to the following:

Attachment Consent Item 10C

3.3. Award of Contract. EBCE shall award the contract to purchase goods or services to the lowest responsible bidder, unless such an award would be prohibited by California law.

V. PROFESSIONAL SERVICES PROCUREMENT

1. Procurement Method

1.1. Table 3 indicates the appropriate procurement method for the purchase of Professional Services of certain dollar amounts.

Table 3
PROCUREMENT METHOD DOLLAR AMOUNT per

FISCAL YEAR

ADDITIONAL REQUIREMENTS
Solicit 3 written quotes; may be
in electronic format $50,000 and above
Proposal must include provider’s name,
address, phone number,
professional license number, if
applicable
Solicit 3 verbal quotes $10,000 - $49,999.99
Staff shall note quotes by including the
providers’ name, address, phone
number and amount of the verbal
proposal in EBCE’s records
No solicitation is necessary $0 - $10,000 Seek the lowest price for the highest quality

2. Signing Authority

2.1. Table 4 indicates the appropriate signing authority for an agreement for Professional Services of certain dollar amounts.

2.2. Nothing in this section prohibits EBCE staff from seeking approval of a more senior signing authority than is permitted by this policy.

Attachment Consent Item 10C
Table 4

SIGNING AUTHORITY DOLLAR AMOUNT
per Fiscal Year

4. The following factors are not sufficient to justify a sole source procurement:

4.1. Personal preference for product or vendor

4.2. Cost

4.3. Vendor performance

4.4. Local service (this may be considered an award factor in competitive bidding)

4.5. Features that exceed the minimum requirements for the goods or services Attachment Consent Item 10C
VI. EMERGENCY PROCUREMENT

1. In the event of an emergency, the CEO may suspend the normal purchasing and procurement requirements for goods and services related to abatement of the impacts or effects of the emergency.

2. An emergency is deemed to exist in the following circumstances:

2.2. There is immediate need to prepare for national or local defense; or

2.3. There is a breakdown in infrastructure or an essential service which requires the immediate purchase of supplies or contractual services to protect the public heath, or safety or property; or

2.4. A local emergency or disaster has been declared.

VII. COOPERATIVE PURCHASING

1. The procurement methods identified in Table 1 -4 shall not be required when the contract for goods or services will be provided by another governmental agency.

VIII. PUBLIC PROJECTS

2. At the time of the adoption of this Policy, the UPCCAA applied to the following types of projects:

Attachment Consent Item 10C

2.2. Public projects up to $60,000 may be performed by EBCE employees, by negotiated contract, or by purchase order pursuant to the UPCCAA.

2.3. Public projects up to $200,000 may be contracted using informal procedures as set forth in the UPCCAA.

4. Notice.

Table 5

SIGNING AUTHORITY DOLLAR AMOUNT
per fiscal year
Executive Committee of the Board of
Directors or Board of Directors Approval > $100,000
Chief Executive Officer, or his/her
designee
$0 - $100,000
General Counsel $0-$50,000
Chief Operating Officer $0-$25,000
Senior Director or Vice President $0-$10,000
Director $0-$5,000
Attachment Consent Item 10C
IX. PROCUREMENT OF POWER

1.1. The CEO is authorized to enter into agreements in accordance to the approved Risk Management Policy.

1.2. The COO is authorized to enter into agreements in accordance to the approved Risk Management Policy, provided that transactions shall not be over two years in duration and $10,000,000 in total compensation.

1.4. With dual signatures, the COO and Director of Power Resources are authorized to enter into agreements with equivalent authority as the CEO in accordance with the approved Risk Management Policy.

X. MISCELLANEOUS

1.1. Non-Disclosure Agreements – Director level and above,

1.2. Banking and Treasury Administration – COO level and above, and

1.3. Release of Liability and Indemnification – Director level and above.

Attachment Consent Item 10C

Ava Community Energy Board of DirectorsMay 18, 2022

Ava Community Energy Board of Directors
May 18, 2022