Consent Item 9
Consent Item 9
TO: East Bay Community Energy Board of Directors
FROM: Dan Lieberman, Marketing Director
SUBJECT: Amendment to Consulting Services Agreement with Celery Design Collaborative
DATE: July 20, 2022
__________________________________________________________________ Recommendation
Adopt a Resolution authorizing the Chief Executive Officer to negotiate and execute the Fourth Amendment to EBCE’s Consulting Services Agreement with Celery Design Collaborative to add $445,000 in compensation for Fiscal Year 2022-23, to extend the term, and to update the rates of compensation.
Background and Discussion
EBCE staff issued a competitive solicitation for an independent graphic and web design consultant on April 25, 2019, and selected Celery Design Collaborative, a small firm located in Berkeley and registered as a Small, Local, and Emerging Business (SLEB) with the County of Alameda.
The Board approved a contract with Celery at the regular meeting on July 17, 2019.
The First Amendment to expand the scope and budget of the agreement was approved by the Board on February 19, 2020 for the term ending on July 31, 2020. A Second Amendment was approved by the Board on July 15, 2020 to extend the term to June 30, 2021 and setting a budget of $200,000 for the remainder of the term. A Third Amendment was approved by the Board on April 21, 2021 to add $100,000 to the not-to-exceed amount for fiscal year 2020 – 2021, and to extend the term through June 30, 2022, with an amount not to exceed $300,000 for fiscal year 2021-2022, bringing the not-to-exceed amount for both fiscal years to $300,000 each.
Consent Item 9
At the June 15, 2022 Board of Directors meeting, the Board passed a historic $770 million budget that included a 160% increase in the programs budget. During this fiscal year, the programs team will be busy developing and launching programs, significantly increasing demand on the Marketing team to develop and implement a broad range of customer engagement tactics. Concurrently, the impact of the pandemic has led to a greater demand for the marketing team in the form of online activities, web resources, and digital collateral. Therefore, staff recommends increasing the budget for these services with Celery Design Collaborative.
Fiscal Impact
There are funds in the current Marketing and Account Services budget to accommodate this additional amount. EBCE receives a discounted non-profit hourly rate from Celery.
Attachments
A. Resolution Authorizing the Chief Executive Officer to Negotiate and Execute a Fourth Amendment to the Consulting Services Agreement with Celery Design Collaborative
Attachment Consent Item 9A
RESOLUTION NO. R-2022-xx
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST BAY COMMUNITY ENERGY AUTHORITY TO AUTHORIZE THE CHIEF
EXECUTIVE OFFICER TO NEGOTIATE AND EXECUTE A FOURTH AMENDMENT TO THE
CONSULTING SERVICES AGREEMENT WITH CELERY DESIGN COLLABORATIVE 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 Power 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, in July 2019, EBCE selected and entered into a Consulting Services Agreement with Celery Design Collaborative of Berkeley, California to provide Graphic and Web Design Services; and
WHEREAS, a First Amendment to the agreement was approved in February 2020;
WHEREAS, a Second Amendment to the agreement was approved in July 2020; WHEREAS, a Third Amendment to the agreement was approved in April 2021; WHEREAS, EBCE’s forecast workload for graphic design and website development is significantly higher in FY22-23 than in previous fiscal years.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE EAST BAY COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The CEO is hereby authorized to negotiate and execute the Fourth Amendment to the Consulting Services Agreement between EBCE and Celery Design Collaborative, to extend the term through June 30, 2023, and to increase the compensation by $445,000, for a total amount not to exceed $1,045,000, and to update the hourly rates. The Agreement will be approved by General Counsel.
ADOPTED AND APPROVED this 20th day of July, 2022.
Attachment Consent Item 9A
Dianne Martinez, Chair
ATTEST:
Adrian Bankhead, Clerk of the Board