Consent Item 9
Consent Item 9
To: Ava Community Energy Authority
From: Dan Lieberman, Director of Marketing
Subject: Approving a resolution to execute a contract to increase the Not To Exceed amount to $300,000 with Chen Design Associates
Date: March 19, 2025
__________________________________________________________________ Summary/Recommendation
Approve a Resolution authorizing the CEO to enter into a First Amendment to the Consulting Services Agreement with Chen Design Associates to increase the not-to-exceed compensation by $100,000 for a total not-to-exceed amount of $300,000 for this fiscal year (through June 30, 2025) because this vendor provides critical design services and our forecast design needs are beyond what can be covered by the existing contract.
Financial Impact
There is sufficient room in the FY 2024-2025 design budget for this increase in the contract.
Analysis and Context
Through a competitive solicitation in 2024, Ava staff selected Oakland-based Chen Design Associates (“CDA”) as our primary provider of creative design services. CDA’s services include including graphic design, photography, videography, and exhibit booth design.
Last Spring, staff estimated that we would need $200,000 in creative services from CDA this Fiscal Year (2024-2025). However, as of March 5, 2025, we have spent about $150,000 of the Consent Item 9
authorized $200,000 with CDA and there are several projects left in the schedule for this Fiscal Year that we would like them to produce, including photography for our website and printed collateral, videos used for advertising and social media, brochures and other hand-outs in multiple languages, signage at our booth used during public events, and assorted collateral for our programs.
Attachments
A. Resolution
B. Consulting Services Agreement Amendment Template
Attachment Consent Item 9A
RESOLUTION NO. R-2025-XX
A RESOLUTION OF THE BOARD OF DIRECTORS
OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CEO TO
INCREASE THE COMPENSATION ALLOWED IN THE CONSULTING
SERVICES AGREEMENT WITH CHEN DESIGN ASSOCIATES FROM
$200,000 TO $300,000
WHEREAS Ava Community Energy Authority (“Ava”) 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 Ava and parties to the Joint Powers Agreement (“JPA”) in March of 2020. The City of Stockton was added as a member to Ava in September of 2022. The City of Lathrop was added as a member to Ava in October of 2023. San Joaquin County was added as a member to Ava in July 2024. On October 24, 2023, Ava legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception.
WHEREAS Ava Community Energy has extensive creative design needs, including photography for our website and printed collateral, videos used for advertising and social media, brochures and other hand-outs in multiple languages, signage at our booth during public events, assorted collateral for our programs; and WHEREAS Through a competitive solicitation in 2024, Ava staff selected Oakland-based Chen Design Associates (CDA) as our primary provider of creative design services. CDA’s services include including graphic design, photography, videography, and exhibit booth design. They have provided quality work and customer service for projects including our launch of service in Stockton and Lathrop; and WHEREAS Last Spring, staff estimated that we would need $200,000 in creative services from Chen Design Associates this Fiscal Year (2024-2025). However, as of March 5, 2025, we have spent approximately $150,000 of the authorized $200,000 and there are several projects still left in the schedule for this Fiscal Year that we would like them to produce.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Authorize the CEO to enter into a First Amendment to the Consulting Services Agreement with Chen Design Associates to increase the not-to-exceed amount from $200,000 to $300,000 through June 30, 2025
Attachment Consent Item 9A
ADOPTED AND APPROVED this 19th day of March, 2025.
Jack Balch, Chair
ATTEST:
Adrian Bankhead, Clerk of the Board
1 First Amendment to Consulting Services Agreement by and Between Ava Community Energy Authority and [Vendor]
This [Number] Amendment to the Agreement with [Vendor] for Consulting Services (“[Number] Amendment”) is made this [day] day of [month], [202X], by and between the Ava Community Energy Authority, a Joint Powers Agency formed under the laws of the State of California (“Ava”) and [Legal Name of Vendor] (“[Vendor]”), for the purposes of adding additional compensation, adding additional services to the scope, extending the termination date, and updating the hourly rates of compensation.
Recitals
A. Ava and [Vendor] entered into that certain Consulting Services Agreement dated [date] (“Agreement”), wherein [Vendor] agreed to provide [service] to Ava, with compensation not to exceed $[amount].
B. Ava and [Vendor] entered into that certain [Number] Amendment to the Consulting Services Agreement on [date] to add additional compensation, increasing the not-to-exceed amount by $[amount] for a total amount not to exceed $[amount], to update the scope of services, to extend the term, and to update the hourly rates of compensation.
C. Ava and [Vendor] entered into that certain [Number] Amendment to the Consulting Services Agreement on [date] to add additional compensation, increasing the not-to-exceed amount by $[amount] for a total amount not to exceed $[amount], to update the scope of services, to extend the term, and to update the hourly rates of compensation.
D. Ava and [Vendor] now desire to amend the Agreement to add additional compensation, increasing the not-to-exceed amount by $[amount], to add additional services to the scope of services [to include additional services], to extend the term, and to update the hourly rates of compensation.
E. On October 24, 2023, East Bay Community Energy Authority legally adopted the name Ava Community Energy Authority, where it had previously used the name East Bay Community Energy Authority since its inception.
Now therefore, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. All references to East Bay Community Energy (“EBCE”) in the Agreement are hereby amended to Ava Community Energy (“Ava”).
2. Section [#] of the Agreement (“Term”) is amended to extend the term of the Agreement through [new date].
Attachment Consent Item 9B
2 3. Section [#] of the Agreement (“Compensation and Payment”) is amended in part to increase the total compensation of the Agreement by $[amount] for a total amount not to exceed [new amount spelled out] ($[new amount]).
4. Section [#] of the Agreement (“Notices”) is amended in part to include [email protected] as a required additional recipient for Ava.
5. Exhibit A (“Scope of Work”) of the Agreement is replaced in its entirety by Exhibit A, attached hereto.
6. Exhibit B (“Schedule”) of the Agreement is replaced in its entirety by Exhibit B, attached hereto.
7. Exhibit E (“Compensation/Budget”) of the Agreement is replaced in its entirety by Exhibit E, attached hereto.
8. All other terms and conditions in the Agreement not otherwise modified by this [Number] Amendment will remain in full force and effect.
In witness whereof, the Parties have entered this Amendment on the date written above.
Ava Community Energy Authority,
A Joint Powers Authority
[Name]
[Title]
Date: ____________________________
Approved as to form:
Ava General Counsel
[Vendor],
A [Legal form of entity]
[Name]
[Title]
Date: ______________________________
[Name]
[Title]
Date: ______________________________
Attachment Consent Item 9B
A-1
Exhibit A
Scope of Work
[Insert text here]
Attachment Consent Item 9B
B-1
Exhibit B
Schedule
[Insert text here]
Attachment Consent Item 9B
E-1
Exhibit E
Compensation/Budget
[Insert text here]
Attachment Consent Item 9B