Consent Item 6
Consent Item 6
TO: Ava Community Energy Authority
FROM: Trevor Cherr, VP of HR
SUBJECT: Approval for Fourth Amendment to the Agreement with Pivotal Talent Search, LLC
DATE: April 16, 2025
__________________________________________________________________ Recommendation
Adopt a Resolution authorizing the CEO to negotiate and execute an Amendment adding $25,000 in additional compensation to the existing Consulting Services Agreement with Pivotal Talent Search, LLC.
Background and Discussion
Pivotal Talent Search currently provides talent sourcing, recruiting, and general human resources services to Ava. Ava has utilized the recruiting services provided by Pivotal Talent Search for several years, first starting in Fiscal Year 2022-2023 and continuing through the current 2024-2025 Fiscal Year. These services have been successful and instrumental in the recruitment for Ava’s open positions, and we look forward to continued collaboration.
Fiscal Impact
If approved, this Amendment would add $25,000 in additional compensation to the existing Consulting Services Agreement, for a total amount of $120,000 in compensation during the 2024-2025 Fiscal Year. The new compensation under the entire Agreement would not exceed $323,582.10
Attachments
A. Resolution
Consent Item 6
B. Draft Third Amendment to Consulting Services Agreement by and Between Ava Community Energy Authority and Pivotal Talent Search, LLC Attachment Consent Item 6A
RESOLUTION NO. R-2025-XX
A RESOLUTION OF THE BOARD OF DIRECTORS
OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CEO TO
AMEND THE AGREEMENT WITH PIVOTAL TALENT SEARCH, LLC
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 Pivotal Talent Search, LLC has provided provide talent sourcing, recruiting, and general human resources services to Ava; and WHEREAS in Fiscal Year 2022-2023, the Human Recourses Team solicited quotes from recruiting service providers in our industry and region and that were likely to have cost structures to fit our budget. With 4 written quotes received, Pivotal Talent Search, LLC had the greatest level of experience and an aligned approach with Ava’s culture and recruitment needs. In addition, Pivotal Talent Search, LLC was by far the lowest cost firm, with a different cost structure (hourly vs. % of first year salary), giving Ava more control over the spend and ability to manage costs within our recruiting budget; and
WHEREAS Ava has utilized the recruiting services provided by Pivotal Talent Search, LLC for more than a year, first starting in Fiscal Year 2022-2023 and continuing through Fiscal Year 2023-2024. These services were successful and instrumental in the recruitment for Ava’s open positions, and we look forward to continued collaboration; and
WHEREAS additional funds are needed for Pivotal’s work supporting Ava’s Human Resources objectives for the 2024/2025 Fiscal Year.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF AVA COMMUNITY ENERGY AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Attachment Consent Item 6A
Section 1. Authorizes the CEO to negotiate and execute a Fourth Amendment to the Consulting Services Agreement with Pivotal Talent Search, LLC, adding an additional $25,000 in compensation for the Fiscal Year 2024-2025 with total compensation not to exceed $323,582.10 to provide talent sourcing, recruiting, and general human resources services to Ava.
ADOPTED AND APPROVED this 16th day of April, 2025.
Jack Balch, Chair
ATTEST:
Adrian Bankhead, Clerk of the Board
Attachment Consent Item 6B
1 April 2025 Fourth Amendment to the Consulting Services Agreement Ava Community Energy
Authority (“Ava”)
Signature:
By:
Date:
Approval as to
Form:
Address: 1999 Harrison Street, Suite 2300
Oakland, CA 94612
Ava Notice Emails: [email protected] with a cc to:
[email protected]
Relationship
Manager:
Trevor Cherr
Pivotal Talent Search, LLC,
a Tennessee S Corporation
(“Consultant”)
Signature:
By: Debby Jackson
Date:
Signature:
By: William T. Jackson, Jr.
Date:
Notice Attn: Bill Jackson
Phone: (224) 387-9574
Notice Address: 1200 Broadway, Apt 2211
Nashville, TN 37203
Notice Email(s): [email protected]
Purpose To add $25,000 in additional compensation.
Effective Date This agreement is effective as of April 16, 2025 Expiration Date June 30, 2025
Not To Exceed (“NTE”) $323,582.10
March 2025 template.
Attachment Consent Item 6B
2 This Fourth Amendment to the Agreement (“April 2025 Amendment”) is made by and between Ava Community Energy Authority, a Joint Powers Agency formed under the laws of the State of California (“Ava”) and Pivotal Talent Search, LLC (“Contractor”) as of April 16, 2025 (the “Effective Date,”), for the purposes of amending the Agreement as set forth below.
Recitals
I. Ava and Contractor entered into that certain Consulting Services Agreement dated June 7, 2022 (“Agreement”), in which the parties agreed that compensation would not exceed $50,000; and II. Ava and Contractor entered into that certain First Amendment to the Agreement on November 18, 2022, for the purposes of adding additional compensation, increasing the not-to-exceed amount by $50,000 for a total amount not to exceed $100,000.
III. Ava and Contractor entered into that certain Second Amendment to the Agreement on July 1, 2023, for the purposes of adding additional compensation, increasing the not-to-exceed amount by $3,582.10 for services in June 2022, and $100,000 for services during the Fiscal Year 2023/2024 (from July 1, 2023, through June 30, 2024) for a total amount not to exceed $203,582.10.
IV. Ava and Contractor entered into that certain Third Amendment to the Agreement on July 17, 2024, for the purposes of adding additional compensation, increasing the not-to-exceed amount by $95,000 for services during Fiscal Year 2024/2025 (from July 17, 2024, through June 30, 2025) for a total amount not to exceed amount of two hundred ninety-eight thousand five hundred eighty-two dollars and ten cents ($298,582.10).
V. Ava and Contractor now desire to amend the Agreement to add additional compensation, increasing the not-to-exceed amount by $25,000 for services during Fiscal Year 2024/2025 (from July 17, 2024, through June 30, 2025) for a total amount not to exceed amount of three hundred twenty-three thousand five hundred eighty-two dollars and ten cents ($323,582.10).
VI. Ava and Contractor wish to amend the Agreement as set forth below.
Now therefore, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Section 6.1 of the Agreement (“Compensation and Payment”) is amended in part to increase the total compensation of the Agreement by $25,000 for a total amount not to exceed of three hundred twenty-three thousand five hundred eighty-two dollars and ten cents ($323,582.10).
2. Section 6.2 of the Agreement is amended in part to state that notification to Ava is required once the contract budget has been used up by 80% (including invoiced work and work that may not have been invoiced yet) which is $258,865.68.
3. Section 14.7 of the Agreement (“Notices”) is amended in part to include [email protected] as a required additional recipient for Ava.
4. Exhibit E (“Compensation/Budget”) of the Agreement is replaced in its entirety by Exhibit E, attached hereto.
5. All other terms and conditions in the Agreement not otherwise modified by this April 2025 Amendment will remain in full force and effect.
Attachment Consent Item 6B
E-1
Exhibit E
COMPENSATION/BUDGET
Services will be billed at an hourly rate of $89.90 per hour on all services provided. The maximum compensation under this Agreement will be $323,582.10.
$3,582.10 for June 2022,
$100,000 for the term July 1, 2022, to June 30, 2023,
$100,000 for the term July 1, 2023, to June 30, 2024, and $120,000 for the term July 1, 2024, to June 30, 2025.