Consent Item 13
Consent Item 13
TO: Ava Community Energy Authority
FROM: Howard Chang, Chief Operating Officer
SUBJECT: Legal Services Agreements Approval for Fiscal Year 2024-2025 DATE: June 12, 2024
__________________________________________________________________ Recommendation
Adopt a Resolution authorizing the CEO or designee to negotiate and execute contracts with select legal vendors in accordance with the legal and other departmental budgets, up to $3,732,000 in accordance with the approved budget for Fiscal Year 2024-2025.
Background and Discussion
The budget staff presented to the Board of Directors tonight includes a total of $3,732,000 for legal vendors across the Legal, Power Resources, Policy, and Local Development, Marketing & Finance budgets. Staff is seeking approval to contract with the following law firms:
• Nixon Peabody - Finance
• Braun Blaising Smith Wynne – Policy
• Law Office of David Peffer - Policy
• Davis Wright Tremaine – Power Procurement/ Local Development/Marketing • Hall Energy Law – Power Procurement
• Keyes and Fox – Policy/Compliance/Power Procurement/Local Development • Richards, Watson and Gershon – General Counsel Services • The Law Offices of Joseph F. Wiedman – Policy
• Wilson Sonsini Goodrich Rosati – Power Procurement/ Local Development Consent Item 13
• Meyers Nave – Power Resources
All firms were utilized in Fiscal Year 2023-2024. All firms except Meyers Nave and the Law Office of David Peffer were utilized in Fiscal Years 2020-2021, 2019-2020, and all except three were utilized in fiscal year 2018-2019. Staff is pleased with the prior services and is interested in maintaining strong working relationships as it seeks to extend the current Agreements with the vendors for Fiscal Year 2022-2023. In addition, Ava initiated a relationship with Meyers Nave for legal services related to power procurement contracts in June 2022.
Fiscal Impact
Staff anticipates contract amounts with the selected legal vendors in varying amounts that may exceed $100,000. Staff is seeking approval of a Resolution that would authorize staff to negotiate and execute Agreements with the identified legal vendors for a total amount not to exceed $3,732,000, as budgeted. For reference, the prior year’s approval was for $3,897,000 for Fiscal Year 2023-2024.
It is likely that the spend for all legal vendors will be less than $3,732,000, but it would be in Ava’s best interest to have those funds available to increase the spend of critical contracts for legal services if necessary.
Attachments
A. Resolution Authorizing the Chief Executive Officer to Negotiate and Execute Agreements with Selected Law Firms for Fiscal Year 2024-2025 Attachment Consent Item 13A
RESOLUTION NO. R-2024-XX
A RESOLUTION OF THE BOARD OF DIRECTORS
OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CHIEF
EXECUTIVE OFFICER TO NEGOTIATE AND EXECUTE AGREEMENTS WITH SELECTED LEGAL VENDORS FOR FISCAL YEAR 2024-2025
WHEREAS The Ava Community Energy Authority (“Ava”) 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 Ava and parties to the JPA in March of 2020. The city of Stockton, located in San Joaquin County was added as a member of Ava and party to the JPA in September of 2022. The city of Lathrop, located in San Joaquin County, was added as a member to Ava and party to the JPA in October of 2023. On October 24, 2023, the Authority legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception.
WHEREAS in June 2018, Ava issued a broad legal services RFP to select law firms to provide legal expertise across various staff functions, including legislative and regulatory policy, power procurement, general counsel services, local development, finance, and other areas; and
WHEREAS Ava has previously utilized the following firms to secure such legal expertise: Nixon Peabody, Braun Blaising Smith Wynne, The Law Office of David Peffer, Davis Wright Tremaine, Hall Energy Law, Keyes and Fox, Richards, Watson and Gershon, The Law Office of Joseph F. Weidman, and Wilson Sonsini Goodrich Rosati, and Meyers Nave; and
WHEREAS Ava is pleased with the prior services by these law firms; and WHEREAS Ava has entered into Consulting Services Agreements with the aforementioned law firms and desires to amend certain Agreements in varying amounts that may exceed $100,000 for Fiscal Year 2024-2025.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The CEO or a designee is hereby authorized to negotiate and execute Consulting Services Agreements and necessary Amendments for one-year terms with firms providing legal services. These firms may include Nixon Peabody; Braun Blaising Attachment Consent Item 13A
Smith Wynne; The Law Office of David Peffer, Davis Wright Tremaine; Hall Energy Law; Keyes and Fox; Richards, Watson and Gershon; The Law Office of Joseph F.
Weidman; Wilson Sonsini Goodrich Rosati; and Meyers Nave.
Section 2. The Consulting Services Agreements and necessary Amendments may be for varying amounts that exceed $100,000 but the total spend on legal services shall not exceed $3,732,000 through June 30, 2025.
ADOPTED AND APPROVED this 12th day of June, 2024.
Jack Balch, Chair
ATTEST:
Adrian Bankhead, Clerk of the Board