Agenda Packet (Items 17C-17R removed) - 171 pages — Ava Community Energy Board of Directors, June 18, 2025

Board of Directors Meeting
Wednesday, June 18, 2025
6:00 pm
In Person:

Conference Room 5
Ava Community Energy
1999 Harrison St
Suite 2300
Oakland CA 94612
Or from the following locations:
• Milk and Honey Cafe, 34265 Fremont Blvd, Fremont, CA 94555 • 35653 Scarborough Dr. Newark CA 94560
• 1100 Webster St Oakland CA 94607
• Larch Clover Community Center - 11157 West Larch Road, Tracy, CA 95376 • Tampa Marriott Water Street, 505 Water Street, Tampa, FL 33602 • JW Marriott - 510 Water St, Tampa, FL 33602
• 1755 Harvest Landing Ln., Tracy, CA 95376
Via Zoom:
https://avaenergy-org.zoom.us/j/87023071843
Or join by phone:

Dial(for higher quality, dial a number based on your current location): US: +1 669 900 6833 or +1 346 248 7799 or +1 253 215 8782 or +1 929 205 6099 or +1 301 715 8592 or 888 475 4499 (Toll Free) or 877 853 5257 (Toll Free)
Webinar ID: 870 2307 1843
Meetings are accessible to people with disabilities. Individuals who need special assistance or a disability-related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting materials, should contact the Clerk of the Board at least 2 working days before the meeting at (510) 906- 0491 or [email protected].

If you have anything that you wish to be distributed to the Board of Directors, please email it to the clerk by 5:00 pm the day prior to the meeting.

Ava Community Energy
Board of Directors Page | 2

1. Welcome & Roll Call

2. Pledge of Allegiance

3. Public Comment
This item is reserved for persons wishing to address the Board on any Ava-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an electronic speaker slip. The Board Chair may increase or decrease the time allotted to each speaker.

REGULAR AGENDA

4. CEO Report

5. CAC Report

6. FY2025-2026 Budget (Action Item)
Approve the budget for Fiscal Year 2025-2026

CONSENT AGENDA

7. Approval of Minutes from May 18, 2025

8. Contracts Entered Into (Informational Item)

9. PC Pro Consulting Services Agreement & Amendment
New CSA for IT services for FY25-25 and Amendment to increase the NTE of current CSA for FY24-25

10.Thrive Mind Collaborative Consulting Services Agreement Extend CSA for leadership coaching and consulting services

11.Piper Maddox (LHi Group)
Amend two Staffing Services Agreements with LHi GROUP, INC.

12.Dakota Press
Extend CSA for printing services through FY25-26 and increase the NTE

13.Chen Design Associates
Extend CSA for design services through FY25-26 and increase the NTE

14.Legal Services Agreements Approval FY 25-26
Approval for spend on legal vendors for FY 25-26
Ava Community Energy
Board of Directors Page | 3

15.Aramis Contract Amendment
Authorize CEO to execute a contract amendment to the Aramis Agreement

16.Inside Source Contract Approval
Approve furniture purchase related to tenant improvements

REGULAR AGENDA

17.Prepay Financing Approval (Action Item)
Authorize staff to enter two prepay transactions, Prepay #4 and Prepay #5

18.Board Member and Staff Announcements including requests to place items on future Board of Directors Meeting Agendas

19.Adjourn
The next Ava Board of Directors meeting will be held on Wednesday, July 16, 2025 at 6pm.

Please note the temporary location:

Rotunda Building
Large Conference Room
300 Frank Ogawa Plaza
Oakland, CA 94612

CEO Report Item 4
CEO Report Item 4
TO: Ava Community Energy Board of Directors
FROM: Howard Chang, Chief Executive Officer
SUBJECT: CEO Report (Informational Item)
DATE: June 16, 2025
________________________________________________________________________ Recommendation
Accept Chief Executive Officer (CEO) report on update items below.

Executive Committee Meeting
An Executive Committee Meeting was held on Wednesday, June 4, 2025. Members received an update on the FY2025-26 Draft Budget and a follow-up report on Prepay Financing. The next meeting will be held on Wednesday, July 2, 2025 at 3pm.

Board and Committee Meeting Location Update
Ava is undergoing tenant improvements (TIs) in its office suite from July 14 through September 12, 2025. Such TIs are fully paid for through by the building landlord per the terms of the lease agreement. Ava will remain fully operational during this period, but Ava offices will be closed and staff will work remotely. All scheduled board and committee meetings will be held in the Large Conference Room in the Rotunda Building, located at 300 Frank Ogawa Plaza, Oakland, CA 94612.

Meetings to be held at the Rotunda Building:
• July 14, 2025 – Community Advisory Committee
• July 16, 2025 – Board of Directors
• September 3, 2025 – Executive Committee
• September 10, 2025 – Financial, Administrative, and Procurement Subcommittee Rotunda Building parking and access instructions will be made available on Ava’s website in the corresponding public meetings pages.

Launch to Stockton & Lathrop
Ava’s newest customers in Stockton and Lathrop received their second bill with Ava’s generation service in June. The “first bill” has, based on previous enrollments, resulted in higher call volumes and customer opt-out activities, as the bill may be their first experience with Ava Community Energy. The second bill aligns with customers receiving their first bill with summer/Air conditioning usage on it, which also drives more customer calls which can result in CEO Report Item 4
an opt out as well. This will be the final regular update regarding the Stockton & Lathrop enrollment process.

The overall opt-out rate for Ava's new communities has increased from 5,996 opt-outs to 6,449 total. The total opt out percentage as of June 6, 2025 is 5.35% Jurisdiction Number of Accounts Number of Opt Outs Percentage Opt Out Stockton 112,168 6,138 5.47%
Lathrop 8,272 311 3.76%
Total 120,440 6,449 5.35%
Downtown Stockton Alliance
I had the opportunity to be interviewed by Courtney Wood of the Downtown Stockton Alliance on June 11, 2025 regarding our recent launch to Stockton to share more about Ava, what a CCA is, our offering of programs and services, and explain our bill. Link to video below.

LinkedIn: https://www.linkedin.com/events/7332996231100567552/comments/ Fremont Residential Transition to Renewable 100
Ava staff continue to coordinate closely with Fremont’s City staff to prepare for the City’s residential default enrollment to Renewable 100 this August (note: Fremont’s non-residential/commercial and industrial customers are scheduled to default to R100 in August of 2026, per Ava’s Board action on July 17, 2024). The bullets below summarize updates since last month:
• The webform on Ava’s dedicated Fremont webpage became active on Monday, June 2.

As such, residential customers in Fremont are currently able to choose Bright Choice if they prefer to do so instead of transitioning to Renewable 100 in August—and some already have! As of June 10, Fremont’s residential customer actions are summarized as follows:
o 22 residential customers have chosen to remain on Bright Choice; o 2 residential customers have chosen to opt out
• Ava staff co-presented an outreach and enrollment update to the Fremont Sustainability Committee along with City staff on Thursday, June 5. • Ava provided Fremont’s City staff with a customized social media/newsletter marketing toolkit.
• Staff finalized four (4) customer enrollment notices (mail & electronic), the first of which is scheduled to be mailed to Fremont residents the week of June 23. • Ava will be participating in the following Fremont events to educate on this transition:
o Jun 21: Pride Fair at the Fremont Library
o Aug 2-3: Festival of the Arts (also event sponsors)
o Aug 16-17: Festival of India (also event sponsors)
o TBD: 1-2 Farmers markets (at least 1, but up to 2 depending on expectations/logistics
San Joaquin County (unincorporated) 2026 Enrollment Update Since the start of the year, Ava staff have been busy preparing for the launch of service to unincorporated San Joaquin County in 2026 and coordinating with Supervisor Rickman and county staff. On May 7, 2025, Ava staff presented an initial item to the Board’s Executive Committee to discuss considerations for enrollment timing. Based on recent ERRA filing and CPUC Proposed Decision on PCIA, staff is updating material changes to the forecasted 2026 rates and PCIA for SJ County’s specific vintage. With this updated analysis, staff will be CEO Report Item 4
discussing further with SJ County and anticipate bringing forward an update for discussion with the board in July.

Resilience Hub Focus Groups
Ava’s Community Innovation Grantee, Emerald City Collaborative, has hosted three Focus groups to confirm the definition and eligibility criteria for Ava’s upcoming Resilience Hub Program, which will be launching later in 2025. The first focus group was virtual and two in-person Focus Groups were hosted in Oakland and Stockton. Close to 200 participants and 36 CBOs attended the workshops. There has been active discussion about the Services that Resilience hubs can provide and positive feedback on Ava’s proposed Resilience Hub definition. Ava will be reviewing findings and presenting an overview of the Resilience Hub Program to the Board in the fall.

Ava in the Community
To raise awareness of our service, support our community, and stay close to our customers, Ava sponsors and staffs events throughout our service territory all year long. Stop by to say hello at any of these upcoming events between June 18 and July 16. Learn more at https://avaenergy.org/about-ava/meetings-events/events/ Date Event Location
6/20/2025 Stockton Ports vs Inland Empire 66ers Banner Island Ballpark 6/21/2025 Fremont Pride Fair Fremont Main Library
6/22/2025 Oakland Soul vs San Juan SC Merritt College
6/26/2025 Oakland Soul vs The Olympic Club Merritt College 6/28/2025 Oakland Roots vs Monterey Bay FC Oakland Coliseum 7/1/2025 Lathrop Birthday Celebration Generations Center 7/10/2025 Lincoln Summer Nights Lincoln Square Park
7/11/2025 San Leandro Pride Downtown San Leandro
7/12/2025 Oakland Roots vs Phoenix Rising FC Oakland Coliseum

Page 1 of 1 ends

CAC Chair Report – BOD Meeting, 6/18/25
FY2025-26 Budget
• Staff presented the draft budgets—including both the upside and base case—along with an overview of the PCIA “Reform” adjustments, which are projected to reduce Ava’s calendar year revenues by $187 million.

CAC engaged in follow-up discussions, raising concerns about the financial impact on key programs, such as the Heat Pump Water Heater initiative and the Local Development Business Plan, which faces a $15 million reduction.
• The CAC recommends accepting staff’s recommendation to approve the Base Case budget, while ensuring Ava takes proactive (and aggressive) measures to challenge the PCIA "Reform" adjustments and future phases, including legislative efforts. Additionally, should favorable financial outcomes arise, Ava will prioritize fully funding the LDBP, restoring it to the previous $25M upside budget.

Drivers of PG&E Rate and Cost Growth
• Staff presented findings on rising costs, highlighting uncontested increases in transmission expenses and wildfire-related spending as primary drivers of higher charges for Ava customers. o Many of these costs were deemed "reasonable" by the PUC, but effective advocacy efforts will be critical to challenging these charges, ensuring transparency and a clearer understanding of the rates imposed on customers.
o PUC remains understaffed, according to Ava staff, contributing to a lack of strong public advocacy from the agency.
• CAC members recommend collaborative action, advocating for efforts with other CCAs to challenge rising costs for all customers. Potential strategies include:
• Exploring a buyout of the PCIA for Ava customers
• Launching a public relations campaign—similar to Marin Clean Energy’s initiative—to highlight unchecked cost increases, lack of transparency, and the complexity of PG&E’s expenditures Ad Hoc Committee Update
• The Energy Affordability Ad-Hoc Committee met to discuss the PCIA challenges affecting Ava and its customers. Members emphasized the need to collaborate with CalCCA in advocating for greater transparency and legislative action to improve energy affordability for all customers, referencing the JPA framework as a basis for collective advocacy.
• The Local Development Business Plan (LDBP) Ad-Hoc Committee reviewed concerns about transparency in Ava’s initiatives, particularly regarding public access to key information. Discussions included potential strategies such as Virtual Power Plants, On-Bill Electrification resources, and alternative revenue streams—including asset development and out-of-territory subcontracting—to strengthen Ava’s financial position while protecting ratepayers.
• Additionally, the LDBP Ad-Hoc Chair identified that some original LDBP documents had not been migrated to the Ava Community Energy website, instead remaining on the East Bay Community Energy portal. • The CAC voted to have these documents migrated, with staff agreeing to support the transition.

Staff Report Item 6
Staff Report Item 6
To: Ava Community Energy Board of Directors
From: Howard Chang, CEO
Subject: Fiscal Year 2025-2026 Budget
Date: June 18, 2025
______________________________________________________
Recommendation
Adopt a resolution approving:
1) The 2025-2026 fiscal year base case budget; and
2) Utilization of the GASB62 Budget Stabilization Fund to offset a budget deficit for fiscal year 2025-26 with the existing GASB62 funds and any subsequent allocation made to the GASB62 fund resulting from the 2024-2025 fiscal year Background and Discussion
Ava’s fiscal year is from July 1 through June 30. Each year the Board of Directors (‘the “Board”) approves the following fiscal year’s budget. The budget presented today is based on feedback garnered from previous draft versions presented to the Financial, Administrative, and Procurement subcommittee (May 8, 2025), the Executive Committee (May 7 and June 4, 2025), and the Board (May 21, 2025). The budget outlines staff’s best expected estimates for costs and revenues anticipated for the next fiscal year, based on load, market prices, and PCIA charges. Due to these updates, the numbers in this draft may differ from those presented in previous versions.

This budget presents two scenarios:
• Upside: Reflecting a revenue outcome based upon PG&E’s Energy Resource Recovery Account (ERRA) filing in May which did not include any updates to Staff Report Item 6
market price benchmarks (MPB’s) to resource adequacy (RA) and renewable energy prices
• Base Case: Reflecting a revenue outcome based on Ava’s current best estimates of where energy prices could materialize and utilization of $35.3MM from the Budget Stabilization Fund
Other factors and assumptions that are represented in both revenue scenarios are:
• No recommended changes to Ava’s value proposition to customers • Assumes Ava maintains a 1% uncollectable rate
• Energy costs are derived from a blend of contracted and open positions. Open prices are non-stressed, mean-forecasted market prices. • Implementation of a compliance period procurement methodology over a three-year period of 2024-2026 with an average target of 81% renewable and carbon free energy, which is unchanged from previous board approved targets • Assumes San Joaquin County begins service in May of 2026 (to be finalized) • No draws on credit facility or use of reserve funds
• Non-operating revenues assume an average of 3.5% interest rate earned through the fiscal year
• Personnel headcount as 7 incremental additional staff • Local Development allocation is $10.2MM
Ava staff is recommending the adoption of the Base Case scenario budget. The fiscal year 2025-26 budget forecasts a deficit of $35.3MM while the fiscal year 2024-25 budget is actualizing with a surplus in excess of $107MM and reflects its strong financial state. This is in addition to reserves of approximately $330MM. While Ava has not previously utilized its Budget Stabilization Fund, it serves to balance overcollection and under collection year over year. It was in September, 2020, for the purposes of satisfying financial covenants, rate stabilization, and such other matters as may be approved by the Board. The establishing resolution is attached for review.

Staff plans to bring forward to the board in future meetings further review of a detailed proposal to implement a multi-year power procurement period methodology for discussion and approval. Staff also anticipates reviewing the fiscal year 2024-25 budget surplus and potential changes to the surplus waterfall in the summer/fall timeframe.

Fiscal Impact
The approved budget establishes the forecast of Ava’s fiscal position for the next 12 months.

Staff Report Item 6
Attachments:

A. Exhibit A: 1-Pager of the Fiscal Year 2025-2026 Budget B. Resolution Adopting Ava’s Fiscal Year 2025-2026 Budget C. Presentation on Fiscal Year 2025-2026 Budget
D. Resolution R-2020-26: A Resolution of the Board to Establish a GASB 62 Fund for Budget Stabilization
EXHIBIT A: 1-PAGER OF FISCAL YEAR 2025-2026 BUDGET
AVA COMMUNITY ENERGY FY 2025-2026
BUDGET

OPERATING ACTIVITY

REVENUE & OTHER SOURCES
Electricity Sales 869,170,000
GASB 62 Revenue (Deferral) 35,327,000
Uncollectables (8,692,000)
Other Operating Revenue 0
TOTAL OPERATING REVENUE 895,805,000

EXPENSES & OTHER USES
Cost of Energy 836,970,000
Energy Services
Data Management/CRM 10,081,000
Billing & Metering 3,208,000
Scheduling 767,000
Cost of Energy Services 14,056,000
Total Energy Operating Expenses 851,026,000
Overhead Operating Expenses
Personnel 29,639,000
Marketing & Communications 3,872,000
Legal, Policy, & Regulatory Affairs 4,243,000
Other Professional Services 3,518,000
General & Administrative 7,095,000
Total Overhead Operating Expenses 48,367,000
TOTAL OPERATING EXPENSES 899,393,000
NET OPERATING POSITION (3,588,000)

NON-OPERATING ACTIVITY

NON-OPERATING REVENUE
Interest Income 15,066,000
Grants 0
Other Non-Operating Revenue 49,000
TOTAL NON-OPERATING REVENUE 15,115,000

NON-OPERATING EXPENSES
Borrowing Interest 1,087,000
Local Development Funding 10,190,000
Total Capital Expenditures 250,000
TOTAL NON-OPERATING EXPENSES 11,527,000
NET NON-OPERATING POSITION 3,588,000
TOTAL NET REVENUES 0
Attachment Staff Report Item 6A
Attachment Staff Report Item 6B
RESOLUTION NO. R-2025-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF THE AVA COMMUNITY ENERGY AUTHORITY ADOPTING THE FISCAL YEAR 2025-2026 BUDGET
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 operates on a fiscal year budget cycle from July 1st through June 30th; and
WHEREAS draft version of Ava’s budget for fiscal year 2025-2026 were presented to the Executive Committee on May 7
th and June 5th, 2025, the Finance,
Administrative, & Procurement subcommittee on May 8th, 2025, and the Board of Directors on May 21, 2025 (the “Prior Presentations”); and WHEREAS Staff has incorporated feedback from the Prior Presentations and prepared a revised proposed budget set forth in Exhibit A (the “Proposed Budget”).

WHEREAS Staff is proposing a slight alteration from the current fiscal year’s net revenues whereby net revenues remaining after initial allocations to reserve funds, on-bill credits, and incentives be allocated to the Budget Stabilization Fund instead of the Reserve Fund.

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

Section 1. The Board of Directors hereby approves and adopts the Proposed Budget, as set forth in Exhibit A, as Ava’s fiscal year 2025-2026 budget.

Section 2. The Board of Directors hereby approves utilization of the GASB62 Budget Stabilization Fund to offset a budget deficit for fiscal year 2025-26 using the existing GASB62 funds and any subsequent allocation made to the GASB62 fund resulting from the 2024-2025 fiscal year.

Attachment Staff Report Item 6B
ADOPTED AND APPROVED this 18th day of June, 2025.

Jack Balch, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Fiscal Year 2025-2026
Draft Budget
Board of Directors
Howard Chang | June 18, 2025
Attachment Staff Report Item 6C
Introduction & Updates
2 • The CPUC issued a Proposed Decision (PD) on Friday 5.23.25 indicating PCIA reform in line with our modeled assumptions
▪ This decision will be voted out on 6.23.25 and Ava has filed comments on it • PG&E's ERRA filing was made on 5.15.25 providing a preliminary indication of rates for 2026 ▪ This filing was made prior to PD and uses outdated Market Price Benchmarks (MPBs) from end of 2024 • The changes in this budget presentation relative to the previous presentation are:
▪ Two budget scenarios, both incorporating the PCIA reform changes - variance reflects different market prices ▪ Reduced operating expenses due to lower procurement costs from implementing compliance period procurement methodology and reduced Overhead Operating Expenses ▪ Both scenarios now reflect the same operating expenses ▪ Assumes enrollment of SJ County in May 2026, previously assumed March (to be finalized) Attachment Staff Report Item 6C
Recommendation for Board Approval
3 • This is a final review of the Fiscal year 2025-26 Budget (Reviewed in May Ex Comm, FAP, Board, and June Ex Comm)
• Approve the base case budget
▪ The base case scenario is our best estimate of market prices ▪ Utilize GASB62 Rate Stabilization Fund to offset any potential fiscal year deficit • Formal recommendation to allocate a portion of the fiscal year 2024-25 surplus (forecasted at >$110MM) to the Rate Stabilization Fund to be brought forward in July/Sept timeframe
Attachment Staff Report Item 6C
PCIA Update
4 Attachment Staff Report Item 6C
The CPUC's PCIA Process – Key Dates
PCIA Rulemaking
• Phase I RA MPB proposed decision – issued 5/23/25
• Phase I RA MPB final decision - 6/23/25
ERRA
• 2026 ERRA Forecast filing - filed 5/15/25
• 2026 ERRA Forecast "October update filing" - 10/15/25 • 2026 ERRA Forecast final decision - 12/18/25
• New rates go into effect - 1/1/26
5 The Energy Resource
Recovery Account (ERRA)
Forecast proceeding at the
CPUC results in PCIA and
PG&E generation rates for
the following year. In this
case, calendar year 2026.

Attachment Staff Report Item 6C
CPUC Proposed Decision (PD)
• The PD essentially proposes to adopt what Ava modeled as the "PCIA Reform" scenario • Specifically, the PD:
o Includes the prior 4 years of available transactions for a given delivery year, instead of only more recent (prior 21 months) transactions
o Uses one value for all RA MPBs that include system, local, and flexible RA, instead of separate values for each type of RA
o Excludes affiliate, swap, and sleeve transactions from RA MPB calculations • The PD, if finalized, will:
o increase calendar 2026 PCIA rates for most Ava customers (depending on vintage) and o lower calendar 2026 PG&E bundled generation rates
• Ava and CalCCA have engaged in this proceeding and filed comments to negotiate altering this implementation
6 Attachment Staff Report Item 6C
Impact of PCIA Reform on Revenues
• In 2026, the impact of PCIA Reform for
2025 true-up is estimated to reduce
revenues by ~$187MM
▪ This reduction is based on retroactive
adjustments to the 2025 RA MPBs used in the
PCIA calculation
▪ Separate from PCIA reform, revenues are
expected to decrease due to true-up of other
market prices that are softening in 2025
• $79MM would be realized in January – June
2026, in this proposed budget
• The remaining $108MM would be realized
in July – December 2026, impacting fiscal
year 2026-2027
7 35,086,000
79,200,000
137,648,000
186,819,000
-
50,000,000
100,000,000
150,000,000
200,000,000
250,000,000
300,000,000
CY Q1 CY Q2 CY Q3 CY Q4
Comparative Revenue Performance & Impact of Reform for
Calendar Year 2026
No Reform PCIA Reform Difference Cumulative
Attachment Staff Report Item 6C
Market Price Benchmark Trends 2023-2027
8 • In addition to changes in the PCIA methodology,
we forecast a softening of prices in 2025 and 2026,
though markets have seen historically high
volatility
• Note that Forecasted and Final MPBs vary
significantly, reflecting year to year market
volatility
RA Market Price Benchmark
Brown Power Market Price Benchmark
RPS Adder
Attachment Staff Report Item 6C
2025-26 Draft Budget
9 Attachment Staff Report Item 6C
Expected Market Environment & Impact to Rates/PCIA
• Rates have increased and PCIA has decreased since 2021, driven by historic increases in market energy prices • We are seeing some stabilization and softening in energy costs where forecasted market prices are likely to set PCIA higher and rates lower in 2026
• The PCIA methodology changes will further increase PCIA and decrease rates in calendar year 2026 • For this presentation, two budget scenarios are considered with varying market price assumptions ▪ Upside Budget: PCIA reform incorporated and assumes higher RPS MPBs (outdated) as filed in May ERRA ▪ Base case Budget: PCIA reform incorporated and assumes lower RPS MPBs based on our internal forecasts 10 2026-U is the Upside Scenario
2026-B is the Base case Scenario

0.081 0.080 0.066

0.113

0.137 0.141 0.147

0.077 0.061

0.029 0.032 0.043

0.024

0.004 0.010 0.004

0.036

0.042

0.016 0.016

0.003

0.022

0.038 0.035 0.034

0.029
-0.05 0.046
0 0.05

0.1 0.15

0.2 2019 2020 2021 2022 2023 2024 2025 2026-U 2026-B
$/kWh
Calendar Year
Customer Rate Revenue Profile
Ava Average Rates PCIA Fees Operating Expenses Margin

0.078 0.082 0.072 0.083

0.132 0.145 0.135

0.112 0.104

0.026 0.030 0.038

0.037

0.012

0.006

0.008

0.017 0.021
-0.02
0 0.02

0.04 0.06

0.08 0.1

0.12 0.14

0.16 2019 2020 2021 2022 2023 2024 2025 2026-U 2026-B
$/kWh
Fiscal Year
Customer Rate Revenue Profile
Ava Average Rates PCIA Fees Operating Expenses Margin
Attachment Staff Report Item 6C
Draft Budget Fiscal Year 2025-2026
11 • Current fiscal year budget is presented
along with an "Actuals" column reflecting
incurred actual costs through March 2025
and projected costs for the final quarter
• Both 2026 budgets assume San Joaquin
County service begins in May, 2026
• 2026 "Base case" budget results in a
deficit of negative $35.3MM and assume
utilization of the Budget Stabilization Fund
to offset this deficit
• While Ava has not previously utilized its
Budget Stabilization Fund, it serves to
balance overcollection and under
collection year to year
AVA COMMUNITY ENERGY FY 2025 FY 2025 FY 2026 FY 2026

BUDGET ACTUALS UPSIDE BASE CASE

OPERATING ACTIVITY
TOTAL OPERATING REVENUE 872,854,000 927,547,000 921,673,000 895,805,000

NON-OPERATING ACTIVITY
TOTAL NON-OPERATING REVENUE 11,449,000 20,557,000 15,115,000 15,115,000 TOTAL NON-OPERATING EXPENSES 25,296,000 23,701,000 11,527,000 11,527,000 NET NON-OPERATING POSITION (13,847,000) (3,144,000) 3,588,000 3,588,000 TOTAL NET REVENUES 42,283,000 107,109,000 25,868,000 0
Attachment Staff Report Item 6C
Draft Budget Scenario Assumptions
• Revenues assume no changes to value proposition under both scenarios. Ava maintains 5% discount to PG&E for Bright Choice and a 0.25 cent premium for Renewable 100 • Net revenues assume Ava maintains a 1% uncollectable rate • Energy costs are derived from a blend of contracted and open positions. Open prices are non-stressed, mean-forecasted market prices. • Implementation of a compliance period procurement methodology over a three-year period of 2024- 2026 with an average target of 81% renewable and carbon free energy, which is unchanged from previous board approved targets
• Assumes San Joaquin County begins service in May of 2026 (to be finalized) • No draws on credit facility or use of reserve funds
• We do anticipate use of Rate Stabilization Fund to offset any budget deficit • Non-operating revenues assume an average of 3.5% interest rate earned through the fiscal year • Personnel headcount as 7 incremental additional staff • Local Development allocation is $10.2MM
12 Attachment Staff Report Item 6C
Budget Uncertainty and Risk Mitigants
• To mitigate the forecasted deficit this
budget incorporates the following actions:
o Adjustments to renewable energy & large
hydro procurement targets (with the
implementation of a compliance period
procurement methodology)
o Reduced local development funding relative to
prior years
o Reduced personnel hiring relative to prior
years
o Reduced Overhead Operating Expenses
relative to prior budget drafts
o Use of the GASB6 Budget Stabilization Fund
(Future consideration for allocating 2024-25
budget surplus to Rate Stabilization Fund)
13 • Staff will monitor our financial forecast closely
and consider future actions at the mid-year to
mitigate further risks:
o Adjustments to the customer value proposition
(Bright Choice rate discount and R100 Premium)
o Further adjustments to procurement targets
o Potential adjustment to SJ County enrollment
timing (To be reviewed further in July)
o Consideration of further reduced spending in
Overhead, local development, hiring, etc.
o Note: Future forecasts (2027 & beyond) are highly
uncertain due to market conditions and PCIA
reform. Longer-term modeling is in process to
incorporate the recent changes to PCIA and the
ERRA filing
Attachment Staff Report Item 6C
Draft Budget: Fiscal Year Revenue Scenarios
14 • Difference in revenues in FY 2026 driven by potential MPB settlements
• No change to value proposition in both scenarios
• Bright Choice: 5% discount to PG&E
• Renewable 100: Premium of 0.25 cents to PG&E
• Uncollectable rates maintained at 1% of sales
• Recognition of $35.3MM of GASB 62 deferred revenue balance At the current 2025 load distribution:
•1% Δ in Bright Choice discount results in
$7.3MM change in revenue
•0.25 cent Δ in R100 premium results in
$5.6MM change in revenue
•Staff may consider a mid-year value
proposition change to bring to the board
later in 2025 as market prices actualize
Fiscal Year 1% ∆ BC 0.25 Cent ∆ R100
First Half 4,303,000 2,745,000
Second Half 3,020,000 2,873,000
AVA COMMUNITY ENERGY FY 2025 FY 2025 FY 2026 FY 2026

BUDGET ACTUALS UPSIDE BASE CASE

OPERATING ACTIVITY

REVENUE & OTHER SOURCES
Electricity Sales 881,671,000 903,378,000 930,983,000 869,170,000 GASB 62 Revenue (Deferral) 0 22,319,000 0 35,327,000
Uncollectables (8,817,000) (9,034,000) (9,310,000) (8,692,000) Other Operating Revenue 0 10,884,000 0 0
TOTAL OPERATING REVENUE 872,854,000 927,547,000 921,673,000 895,805,000 Attachment Staff Report Item 6C
Compliance Period Procurement Methodology
• CA mandated Renewable Procurement Standards (RPS) include Compliance periods of 3-4 years whereby load serving entities can bank/retire RECs in different years relative to the generating year • This allows for management of variable resources like renewable energy and hydro in meeting compliance obligations while increasing procurement of renewables over an extended timeframe • Ava can apply a similar approach for our voluntary procurement targets with 3-4 year periods • This approach can help Ava address deficit concerns and reduce costs associated with over-procurement of green attributes by creating a balancing mechanism across the period 15 • 2024 Power Content Label reflects total
renewables and large hydro of 96% for Ava
• This is a result of a conservative estimation
method to ensure not missing procurement
targets along with well performing assets, a
good water year, and unpredictable
allocation process associated with PG&E
• PG&E procured 23% renewables utilizing
banked RECs to meet its RPS compliance
• PG&E's 2025 power content will change
significantly, likely with lower nuclear and
higher natural gas
2024 Power Content Label
Attachment Staff Report Item 6C
Compliance Period Procurement Methodology (Cont.)
• Without compliance periods, Ava will continue to over procure as our portfolio includes more contingent, as-delivered contracts, based on the new projects that Ava is building • Ava proposes implementing procurement periods for 2024-2026 to utilize over procurement from 2024 in future years, this would result in our Power Content Label being above and below procurement targets in certain years allowing staff to balance procurement levels based on new projects coming online, firm vs. Contingent contracts, and optimal supply/pricing • There are different variations of this methodology and we estimate that this can reduce procurement costs in 2025-26 by $10-16MM, which is incorporated into the budget scenarios • Staff to bring forward more detailed procedures and policy in July for board discussion and review 16 Bright Choice 2020 2021 2022 2023 2024 2025 2026
Board Adjusted Target Procurement NA NA 68% 76% 81% 81% 81% Actuals (Renewables + Large Hydro) 55% 58% 71% 89% 96% TBD TBD Over/(Under) procurement % 1% 3% 3% 13% 15% (7.5%) (7.5%) Compliance Period Adjusted Target 73.5% 73.5%
Attachment Staff Report Item 6C
Rate Stabilization Fund Utilization
17 • The GASB 62 Revenue Deferral Fund was
established by Resolution R-2020-26
• Current balance is approximately $57.6MM
with ~$32.1MM retained specifically for rate
stabilization
• Based on the strong forecasted surplus for
2024-25 of >$107MM, staff will propose a
recommendation to allocate all or a portion
to the Rate Stabilization Fund in July/Sept
timeframe
• If we allocate the current year's full surplus,
this would total $139MM for rate stabilization
o The Rate Stabilization Fund is intended to be
used to balance surplus and deficit year
reflecting over and undercollection year to year FY Contribution Recognition Balance Purpose 2020 12,680,000 - 12,680,000
Stabilize Local Development balance until
Fund is established by Reso R2020-26
2021 15,814,000 12,680,000 15,814,000
Recognized LD balance with fund
establishment via Budget. Contributed to PCIA
PUBA balance through December 2023 as
allocated by Audit
2022 - - 15,814,000
2023 37,200,000 - 53,014,000
~$10.5MM each for on-bill credits and PPA
premium plus $16.2MM for rate stabilization
as allocated by audit and Resolution R-2023-
37 2024 - 10,504,837 42,509,163
Recognition is for on-bill credits, by
Resolution R-2023-58
2025 37,407,824 22,316,492 57,600,495
Contribution for on-bill credits and NBT from
surplus revenue as allocated by audit and
Resolution R-2024-2. Recognition is net on-bill credits by Resolution R-2024-73. 2026 3,194,472 35,327,000 25,467,967
Bold is potential contribution from FY 2024-25
for recognition in FY 2025-26
2027 - 10,504,837 14,963,130
Recognition is for PPA premium contribution
from 2023, by Resolutions R-2023-58 and R-2024-26
2027 - 14,963,130 -
Possible recognition of NBT incentives
contributed in FY 2025
Attachment Staff Report Item 6C
Draft Budget: Overview of Operating Expenses
18 • Expenses are divided into three overall
cost center categories:
• Energy Operations which includes all
energy, energy attributes, and ancillary
related costs and required management
services such as scheduling, data
management, and customer billing
▪ This category comprises nearly 95% of Ava’s
total operating expenses
• Overhead Operations which includes all
personnel and staffing needs as well as
work function cost centers required to
manage the organization at large, and is
about 5% of total operating expenses
• Non-Operating Expenses, which are all
capital and capital transfer related costs,
includes the local development budget.

This category is presented and discussed
in a later slide
Note that Overhead Operating Expenses have been further reduced by approximately $800k from May meetings and the June Ex Comm presentation
AVA COMMUNITY ENERGY FY 2025 FY 2025 FY 2026 FY 2026

BUDGET ACTUALS UPSIDE BASE CASE

EXPENSES & OTHER USES
Cost of Energy 760,248,000 770,121,000 836,970,000 836,970,000 Cost of Energy Services 11,608,000 12,013,000 14,056,000 14,056,000 Total Energy Operating Expenses 771,856,000 782,134,000 851,026,000 851,026,000 Overhead Operating Expenses
Personnel 26,592,000 21,707,000 29,639,000 29,639,000
Marketing & Communications 6,168,000 4,176,000 3,872,000 3,872,000 Legal, Policy, & Regulatory Affairs 4,104,000 2,250,000 4,243,000 4,243,000 Other Professional Services 2,136,000 1,905,000 3,518,000 3,518,000 General & Administrative 5,868,000 5,122,000 7,095,000 7,095,000 Total Overhead Operating Expenses 44,868,000 35,160,000 48,367,000 48,367,000 TOTAL OPERATING EXPENSES 816,724,000 817,294,000 899,393,000 899,393,000 Attachment Staff Report Item 6C
Draft Budget: Fiscal Year Energy Operations
19 Energy Costs
• Costs are derived from a blend of contracted and
open positions for all energy, attributes, and RA
▪ Open prices are non-stressed, mean-forecasted
▪ FY 2026 overall prices are expected to be about 11%
higher than FY 2025 on average
▪ Material increases in Open and RA costs
• RECs are lower to reflect compliance period
savings
• Approx. 25.3% of cost is with open positions to
the market. This gives up to $70MM of potential
cost increases from market risk
• Note: While the last year maintained stabile
market prices, we are still in a period of
historically high brown power prices with FY 2026
prices projected at 70% above 10-year average,
and expected to increase in later years
PPAs Hedges Open Resource
Adequacy
RECs Carbon Free
FY 2026 Budget to FY 2025 Actuals by Attribute
FY 2025 FY 2026
AVA COMMUNITY ENERGY FY 2025 FY 2025 FY 2026 FY 2026

BUDGET ACTUALS UPSIDE BASE CASE

EXPENSES & OTHER USES
Cost of Energy 760,248,000 770,121,000 836,970,000 836,970,000 Energy Services
Data Management/CRM 8,057,000 8,459,000 10,081,000 10,081,000 Billing & Metering 2,820,000 2,826,000 3,208,000 3,208,000 Scheduling 731,000 728,000 767,000 767,000
Cost of Energy Services 11,608,000 12,013,000 14,056,000 14,056,000 Total Energy Operating Expenses 771,856,000 782,134,000 851,026,000 851,026,000 Attachment Staff Report Item 6C
Draft Budget: Fiscal Year Non-Operating Details
20 Non-Operating Revenue
• Interest Income is based on expected returns
for the managed treasury accounts for
reserve funds and rotating working capital
▪ Rates are estimated at 3.5%
• Other Non-Operating Revenue is rent from
the AT&T tower on the 8th Street building
Non-Operating Expenses
• Borrowing Interest are costs associated with
Ava’s credit facility held with US Bank. This
facility will be up for renewal in October 2025
and current market surveys indicate
marginally more favorable rates
• Capital Expenditures are costs estimated for
tenant improvements at 1999 Harrison St
offices
AVA COMMUNITY ENERGY FY 2025 FY 2025 FY 2026 FY 2026

BUDGET ACTUALS UPSIDE BASE CASE

NON-OPERATING ACTIVITY

NON-OPERATING REVENUE
Interest Income 11,400,000 20,545,000 15,066,000 15,066,000 Grants 0 0 0 0
Other Non-Operating Revenue 49,000 12,000 49,000 49,000 TOTAL NON-OPERATING REVENUE 11,449,000 20,557,000 15,115,000 15,115,000

NON-OPERATING EXPENSES
Borrowing Interest 2,796,000 1,301,000 1,087,000 1,087,000 Local Development Funding 22,400,000 22,400,000 10,190,000 10,190,000 Total Capital Expenditures 100,000 0 250,000 250,000
TOTAL NON-OPERATING EXPENSES 25,296,000 23,701,000 11,527,000 11,527,000 NET NON-OPERATING POSITION (13,847,000) (3,144,000) 3,588,000 3,588,000 Attachment Staff Report Item 6C
Draft Budget: Local Development Incremental Funding Allocation 21 Program Area Previous
Upside
Budget
Current
Proposed
Budget
Comments
Ava Charge $5,000,000 $3,000,000 Upside allocation would support expansion to additional cities Critical Municipal Facilities (CMF) $6,000,000 $0 Upside allocation would support a second future portfolio Heat Pump Water Heater support $5,000,000 $0 Program funding to support Air District gas water heater phase out Future Roadmap Funding $5,000,000 $4,000,000 Upside allocation to support 2027 programmatic effort. PCIA reform allocation could be used for CMF, expansion of Ava Charge, heat pump support, or future road map
Consultants for Roadmap $500,000 $500,000 Allocation for external consultants to help inform future roadmap for 2027 forward
Legal expenses $1,500,000 $1,050,000 Expenses associated primarily with Ava Charge and CMF Marketing expenses $2,000,000 $1,640,000 Expenses to support operational programs, such as Ava Charge, Ava Bike Electric, Ava SmartHome Charging, and the upcoming solar and storage program
FY25-26 Total Additional LD Funding $25,000,000 $10,190,000 Est EOY LD Fund Balance $92,000,000
Potential updated Fund Balance $117,000,000 $102,190,000 Ava is currently in the execution phase of previously budgeted programs (more details on following slide) and additional strategic planning for future phase implementations is underway Attachment Staff Report Item 6C
Local Development –
FY26 anticipated spend of existing funding
22 Program Area Previously Funded Comments
Ava Charge $1,500,000 Development, Operations and Marketing Critical Municipal Facilities $8,000,000 Capital expenditure and risk mitigation Grants $950,000 Payments for contracted grants
Solar + storage upfront incentives $2,000,000
Incentives and expenses for ongoing programs
Solar + storage ongoing incentives $500,000
Health-e Communities pilot $1,000,000
Building Efficiency Accelerator $1,000,000
Ava Bike Electric incentives $5,000,000
Ava SmartHome Charging incentives $900,000
Total $20,850,000
Attachment Staff Report Item 6C
Conclusion and Next Steps
• Staff is seeking approval of the presented base case budget, reflecting our best estimate of market prices and reflects a more conservative scenario
• This assumes:
▪ Implementation of a Compliance Period Procurement methodology – detailed procedure and policy to be brought forward for review with board in July
▪ Utilization of GASB-62 Rate Stabilization Fund to offset any potential fiscal year deficit – formal recommendation to allocate a portion of the fiscal year 2024-25 surplus (forecasted at >$107MM) to the Rate Stabilization Fund to be brought forward in July/Sept timeframe • Staff will monitor the budget closely and bring forward pertinent updates to the board in the mid-year and sooner as necessary 23 Attachment Staff Report Item 6C
Appendix
24 Attachment Staff Report Item 6C
Background & Discussion
25 • Every year in June, Ava Board of Directors (the “Board”) approves the following fiscal year’s budget • This draft budget has been reviewed with the Ex Comm (5/7) and FAP (5/8) • The Budget typically goes through a few rounds of review in May with formal board approval in June • The Budget covers the overall categories of the General Operating Fund:
▪ Revenues from Operations
▪ Energy Operating Expenses
▪ Services to Facilitate Energy Operations
▪ Operational Overhead to Energy Operations
▪ Non-Operating Revenues
▪ Non-Operating Expenses, including a Capital Transfer to the Local Development Fund • Expenses are typically 90%+ energy related with overhead and Local Development funding accounting for 6-8% of total expenses
Attachment Staff Report Item 6C
How Ava Works—Revenues & Rates
• Ava offers two electricity products to customers:
• Renewable 100: 100% of the energy is from renewable resources • Originally set at $0.01/kWh above PG&E and has migrated down as Ava financials improved • Currently priced at $0.0025/kWh above PG&E rates
• Bright Choice: In 2025-26 this will be 81% from renewable energy and large hydro, plus ~10% nuclear • Originally set at 1.5% discount to PG&E, reduced to a 1% discount in 2021,increased to a 3% discount in 2022 • The latest adjustment was to a 5% discount to PG&E rates in 2023 • The current percent load of Bright Choice customers is ~72% for FY 2026 26 Attachment Staff Report Item 6C
How Ava Works—Energy Delivery
• Ava sells energy directly to its customers by procuring energy through various market mechanisms and scheduling delivery into California Independent Service Operator (CAISO) • Ava is not responsible for transmission or delivery of the commodity; this is a service retained by PG&E • Per Ava’s risk management policy, much of the expected load is procured and hedged in advance across energy, RECs, and Resource Adequacy
• Ava schedules it's forecasted load with CAISO on a day-ahead basis and real-time basis • This is done regardless of the amount of energy hedges that Ava has procured • The CAISO is California’s regional market balancing authority whose primary purpose is to keep the energy being pulled off the grid balanced by energy being put on the grid to prevent grid damage or area shortages 27 Attachment Staff Report Item 6C
How Ava Works—Billing Cycle
• Revenues are made from sales of energy to customers based on generation rates that are indexed to PG&E cost of service rates as approved by the CPUC
• PG&E will read Ava customer meters to monitor consumption. These reads are then reported to Ava and its Billing data manager
• The consumption data is processed to generate billing amounts based on Ava’s rates and then sent back to PG&E, who then issues the bills and collects payments on Ava’s behalf • PG&E's bundled customers and unbundled (Ava) customers also pay a power charge indifference adjustment (PCIA) and minor system fees. These are collected by PG&E from customer revenues and retained prior to payment distribution to Ava.
o Additionally, all PG&E bundled and unbundled customers are charged a Transmission & Distribution cost • A billing cycle is typically about three months, meaning it takes about three months for Ava to receive payment from a customer’s consumption
• Consumption occurs in the first month
• A bill is issued in the second month
• Payment is due in the third month
28 Attachment Staff Report Item 6C
Power Charge Indifference Adjustment (PCIA)
• Ava’s generation rates to customers are indexed to PG&E’s generation rate • A portion of the generation cost is a pass-through charge to PG&E for the PCIA • The PCIA is how PG&E recovers "stranded costs or credits" for legacy generation resources • PCIA rates are based on an annual mark-to-market
• For Energy, Resource Adequacy (RA), and Renewable Portfolio Standard (RPS) resources, the mark-to-market is against "Market Price Benchmarks" (MPBs)
• Forecasts for MPBs are presented by the Investor-Owned Utilities (IOUs) in May and then updated in October to establish the next year’s rates
• PCIA and rates are "trued up" from forecast to actual, and any overcollection or under-collection is recovered in rates the following year.
• Higher MPBs higher rates and lower PCIA = more operating headroom for Ava • Lower MPBs lower rates and higher PCIA = less operating headroom for Ava 29 Portfolio
Costs
Portfolio
Value*
Stranded
Costs/credit
*Value calculated using “Market
Price Benchmarks” (MPBs)
Attachment Staff Report Item 6C
Carbon Free & Renewable Procurement Schedule
30 • In April 2022, the Board approved
the “Path to Zero by 2030” for the
Bright Choice product, as shown
in the table to the left
▪ Carbon Free percentages reflect
renewable and large hydro energy
on a net annual basis
• In previous years, the Board has
approved an increase to carbon
free procurement targets
• June 2024, the Board approved an
additional 5% to calendar year
2025 targets; increasing from
76% to 81%
Year Path Target Increase Updated Target Increase Updated Target Increase Updated Target Increase Updated Target 2022 63% 5% 68% -- -- -- -- -- --
2023 66% 5% 71% 5% 76% -- -- -- --
2024 71% 0% 71% 10% 81% 0% 81% -- --
2025 76% 0% 76% 0% 76% 5% 81% 0% 81%
2026 81% 0% 81% 0% 81% 0% 81% 0% 81%
2027 85% 0% 85% 0% 85% 0% 85% 0% 85%
2022 2023 2024 2025
Attachment Staff Report Item 6C
Draft Budget: Fiscal Year Personnel Details
31 • FY 2024 Budget was set for 15 additional FTE (83 total) and FY 2025 Budget was set for 15 additional FTE (98 total) to expand on internal expertise, build more depth, and help scale operations further. • FY 2026 Budget seeks to add 7 additional FTE (105 total) to continue addressing increased workflow in key areas and meet essential business needs.
▪ Proposed additional hires have been separated to align with the two budget scenarios presented (7): 3 Power Resources, 2 Operations, 1 Local Development, 1 Marketing • Compensation Adjustments:
▪ COLA: 3%; Promotions/Wage Adjustments: 3%; Merit-based Compensation: 13% • Note: In 2023-2024, Ava adjusted compensation structure to standardize pay scales and create merit-based compensation to reduce pay bias in salaries as a DEI initiative 2025 2025 2026 2026
PERSONNEL BUDGET %Cost ACTUALS %Cost UPSIDE %Cost BASE CASE %Cost Salaries & Wages 19,765,000 74.3% 17,398,000 80.1% 23,171,000 78.2% 23,171,000 78.2% Health Care/Benefits 3,961,000 14.9% 2,229,000 10.3% 3,242,000 10.9% 3,242,000 10.9% Retirement 2,450,000 9.2% 1,778,000 8.2% 2,745,000 9.3% 2,745,000 9.3% Payroll Expenses 416,000 1.6% 302,000 1.4% 481,000 1.6% 481,000 1.6% Total Personnel Costs 26,592,000 100.0% 21,707,000 100.0% 29,639,000 100.0% 29,639,000 100.0% Attachment Staff Report Item 6C
Draft Budget: General & Administrative
32 Current Year Material Items:
• Operational Expenses were slightly higher than expected due to additional banking fees associated with certain energy contracts • Rent & Utilities were slightly above expected amounts due to increased on-site needs with internet, parking, and on-site board meetings
• HR & Recruiting costs were slightly higher than expected with increased recruiting efforts
• Small Equipment is well below expected amounts due to lower than expected equipment cycling
• All other areas are actualizing lower than expected costs Next Year Material Items:
• Operational Expenses: Increased staff costs related
to insurance, service fees, supplies, membership
dues, operational services, building maintenance,
and other relevant G&A
• Membership Dues, Fees, & Operating Expenses:

Costs associated with JPAs, trade associations, and
industry associations (CalCCA, CCCFA, CCPower,
CFEE, Veloz, etc.)
• Software & Subscriptions: Increase covers
additional software needs for Power Resources, HR,
and EAS, as well as essential subscriptions for
ongoing operations with expanded staff
• Rent & Utilities: Increases with lease transition and improvements
• Board & Director Fees: Draft Budget reflects
potential maximum cost

DRAFT BUDGET BUDGET ACTUALS
2026 2025 2025

GENERAL OPERATIONS
Operational Expenses 1,180,000 832,000 1,006,000
Memberships & Sponsorships 1,212,000 600,000 657,000
Software & Subscriptions 2,880,000 2,669,000 1,987,000
Small Equipment 310,000 510,000 70,000
Rent & Utilities 1,021,000 770,000 977,000
Conferences & Prof. Development 231,000 249,000 160,000 HR & Recruiting 170,000 156,000 227,000
Board & Director Fees 91,000 78,000 38,000
Total 7,095,000 5,864,000 5,122,000
Attachment Staff Report Item 6C
Draft Budget: Marketing & Communications
33 Current Year Material Items:
• Advertising & Promotions: Advertising costs and
promotional items were sourced at lower-than-expected costs, also certain special event fundings did not materialize
Next Year Material Items:
• Advertising & Promotions: Event and Local
sponsorships, education and awareness
campaigns, other printing costs
• Required Mailings: Enrollment notifications
for San Joaquin County, Fremont R100
notifications, Joint Rate Mailer, Power Content
Label Mailer
• Communications Consultants: Consultants
for graphic design, public relations, other
creative services
• Software & Subscriptions: With efficiencies
in other areas, software and subscriptions are
expected to increase to compensate

DRAFT BUDGET BUDGET ACTUALS
2026 2025 2025

MARKETING
Advertising & Promotions 1,130,000 1,515,000 474,000
Required Mailings 635,000 1,052,000 877,000
Communications 1,270,000 2,755,000 2,149,000
Sponsorships & Memberships 661,000 780,000 603,000
Software & Subscriptions 176,000 66,000 73,000
Total 3,872,000 6,168,000 4,176,000
Attachment Staff Report Item 6C
Draft Budget: Legal, Policy, & Regulatory Affairs
34 Current Year Material Items:
• Legal Consultants: Certain expected litigations costs did not wholly materialize in the fiscal year, also
efficiencies in procedure developed by counsel and
staffing has reduced outside counsel demand
• Software & Subscriptions: Software expectations
were not implemented in current FY, but are planned
for next year
Next Year Material Items:
• Policy & Legislative Consultants: Expected
increase due to increase in CPUC docket

DRAFT BUDGET BUDGET ACTUALS
2026 2025 2025

LEGAL, POLICY, & REGULATORY AFFAIRS
Legal Consultants 3,143,000 3,238,000 1,585,000
Policy & Legislative Consultants 740,000 560,000 559,000 Software & Subscriptions 281,000 256,000 56,000
Memberships & Sponsorships 79,000 50,000 50,000
Total 4,243,000 4,104,000 2,250,000
Attachment Staff Report Item 6C
Draft Budget: Other Professional Services
35 No significant current year
material items to report.

Consultant projects are well
managed.

Next Year Material Items:
• Operations: Increase due to tenant improvement contractors and project management consultants
• Finance Consultants: Increase is from new Treasury Manager costs and some expected increases in rates from current consultants • Human Resources: With headcount growth and continued staff collaboration on key initiatives, increased need for training & development plus increased scope with 3rd-party staffing agencies. • Technology Consultants: Expanding operations requires additional data engineering and CRM structure and design

DRAFT BUDGET BUDGET ACTUALS
2026 2025 2025

OPERATIONS CONSULTANTS
Operations 475,000 335,000 291,000
Finance Consultants 650,000 333,000 299,000
Power Resources Consultants 741,000 715,000 642,000
Human Resources Consultants 792,000 364,000 327,000
Technology Consultants 410,000 25,000 23,000
Information Technology Consultants 450,000 360,000 323,000 Total 3,518,000 2,132,000 1,905,000
Attachment Staff Report Item 6C
East Bay Community Energy
Board of Directors

MINUTE ORDER
The following was action taken by the Board of Directors on September 16, 2020 Approved as Recommended Other
Unanimous
Albany Berkeley Dublin Emeryville Fremont
Hayward Livermore Newark Oakland Piedmont
Pleasanton San Leandro Tracy Union City Alameda
County
Vote total - 12
Vote Key: N=No; A=Abstain; X=Excused
Documents accompanying this matter:

Resolution(s) R-2020-26
Policy
Contract(s)
Item No. 19
Copies sent to:

I certify that the foregoing is a correct
copy of a Minute Order adopted by the
East Bay Community Energy Board of
Directors.

ATTEST:

Clerk of the Board,
East Bay Community Energy Board of
Directors.

By: ______________________________
Stephanie Cabrera
Attachment Staff Report Item 6D
RESOLUTION NO. 2020-26

A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE EAST BAY COMMUNITY ENERGY AUTHORITY ESTABLISHING A GASB 62 FUND

FOR BUDGET STABILIZATION

WHEREAS
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 EBCE has exceeded budgeted performance in the 2019-2020 fiscal year with revenue surplus suitable for GASB 62 compliance for accrual in the 2020- 2021 fiscal year.

WHEREAS The Board of Directors deems it prudent to establish, designate, and maintain a Rate Stabilization GASB 62 Fund to provide a contingency available to satisfy financial covenants, stabilize customer rates, fulfill local development obligations, and other such matters as may be approved from time to time by the Board of Directors, to be funded as deferred surplus revenues from time to time as suitable over-performing years allow.

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

Section 1. The Board of Directors hereby authorizes the establishment of an Budget
shall be accounted for as a separate fund from all other EBCE funds, although amounts credited to it may be commingled with other funds of EBCE.

Section 2. The Board of Directors hereby authorizes the Chief Executive Officer and the Treasurer, or their designee, to deposit from time to time such amount as the Treasurer may determine as prudent and appropriate into the Budget Stabilization GASB 62 Fund from any source of moneys designated as surplus in accordance with the budget previously approved by the Board.

Section 3. The Budget Stabilization GASB 62 Fund shall be recognized by GASB 62 and provide a contingency available upon approval by the Board of Directors to satisfy financial covenants, rate stabilization, and such other matters as may be approved from time to time by the Board of Directors.

Attachment Staff Report Item 6D
Section 4. The Chief Executive Officer and the Treasurer, or their designee, are hereby authorized to apply deferred revenues from the 2019-2020 fiscal year in the 2020-2021 fiscal year in an amount not to exceed the Local Development budgeted expenses not yet realized in the 2019-2020 fiscal year as determined by that Section 5. The Chief Executive Officer and the Treasurer, or their designee, are hereby authorized and directed to do any and all things to effectuate the purposes of this Resolution.

ADOPTED AND APPROVED this 16th day of September, 2020.

Dan Kalb, Chair
ATTEST:

Stephanie Cabrera, Clerk of the Board
Attachment Staff Report Item 6D

Draft Minutes
Board of Directors Meeting
Wednesday, May 21, 2025
6:00 pm
In Person:

Conference Room 5
Ava Community Energy
1999 Harrison St
Suite 2300
Oakland CA 94612
Or from the following locations:
• Albany Community Center - 1249 Marin Ave, Albany, CA 94706 • Clipper Club - 5 Captain Dr. Emeryville, CA 94608
• 36510 Dawson St, Fremont, CA 94536
• 1100 Webster St Oakland CA 94607
• 1755 Harvest Landing Ln., Tracy, CA 95376
Via Zoom:
https://ebce-org.zoom.us/j/87023071843
Or join by phone:

If you have anything that you wish to be distributed to the Board of Directors, please email it to the clerk by 5:00 pm the day prior to the meeting. (9:28) The following Member was sworn in:

Ava Community Energy
Board of Directors Page | 2
Councilmember Campbell (Fremont – Alternate)

1. (10:40) Welcome & Roll Call

Present: Members: Marquez (Alameda County), Lopez (Albany), Tregub (Berkeley), Morada (Dublin), Kaur (Emeryville), Campbell (Fremont), Goldstein (Hayward), Barrientos (Livermore), Jorgens (Newark), Brown (Oakland), Gonzalez (San Leandro), Bedolla (Tracy), Sakakihara (Union City), CAC Chair Hernandez (Community Advisory Committee), Vice-Chair Andersen (Piedmont) and Chair Balch (Pleasanton) Not Present: Members: Diallo (Lathrop), Rickman (San Joaquin County) and Fugazi (Stockton)
Please note:

Member Campbell served as the alternate for Member Keng (Fremont).

Member Goldstein served as the alternate for Member Roche (Hayward).

Member Jorgens served as the alternate for Member Del Catancio (Newark).

Member Bedolla served as the alternate for Member Nygard (Tracy).

2. (11:56) Pledge of Allegiance
Member Campbell led the body in reciting the Pledge of Allegiance.

3. (12:42) Public Comment
This item is reserved for persons wishing to address the Board on any Ava-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. As with all public comment, members of the public who wish to address the Board are customarily limited to two minutes per speaker and must complete an electronic speaker slip. The Board Chair may increase or decrease the time allotted to each speaker.

There were no speakers for public comment.

4. Closed Session Public Comment
There were no speakers for the closed session public comment.

5. (14:00) Closed Session
PUBLIC EMPLOYEE PERFORMANCE EVALUATION under California Government Code Section 54957: Performance Evaluation of Chief Executive Officer Howard Chang

6. (35:59) Report Out of Closed Session
Inder Khalsa, Ava General Counsel, stated that the Board opted to move forward with CEO Chang’s contractual 10% bonus as well as the retention bonus, contingent on CEO Chang staying with the organization.

Ava Community Energy
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CONSENT AGENDA

7. (36:28) Approval of Minutes from April 19, 2025

8. Contracts Entered Into (Informational Item)

9. FY 2025 Q3 Treasurer’s Report
Update on Ava’s for FY 2025 Q3 cash position

10.Piper Maddox (LHi Group) Agreement Amendment
Agreement amendment to account for recruiting budget to fill open roles and to prepare for filling roles next fiscal year. Includes temporary placement fees for temporary staff as well as recruitment service charges.

11.Legal Services Contract for Financial Services
Authorizing the CEO to negotiate and execute an agreement with Chapman and Cutler.

The clerk stated that in Item 14 of the April 19, 2025 minutes, CAC Chair Souza was incorrectly identified as having extended an invitation to attend Piedmont’s Food Fest. Vice-Chair Andersen extended this invitation.

Member Gonzalez motioned to approve the Consent Calendar, including the minutes as amended. Member Marquez seconded the motion, which was approved 15/0/0/0/3 (yes/no/abstain/recuse/not present):

Yes: Members: Marquez, Lopez, Tregub, Morada, Kaur, Campbell, Goldstein, Barrientos, Jorgens, Brown, Gonzalez, Bedolla, Sakakihara, Vice-Chair Andersen and Chair Balch
No: none
Abstain: none
Recuse: none
Not Present: Members: Diallo, Rickman and Fugazi

REGULAR AGENDA

12.(39:26) CEO Report
• The Executive Committee (May 7), Finance/Admin/Procurement (May 8), and Marketing/Regulatory/Legislative (May 9) subcommittees met to discuss items including the draft FY 2025–26 budget, critical municipal facilities, prepaid energy transactions, and Ava’s legislative priorities.
• The City of Oakland adopted an innovative EV charging cord policy that allows residents to charge their EVs via cords over sidewalks. Oakland is the only U.S. city allowing Level 2 cords under such a program.

Ava Community Energy
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• Fremont’s residential transition to Renewable 100 is underway, with enrollment support, FAQs, and community engagement being prioritized to ensure a smooth opt-up process.
• Stockton and Lathrop service launch is progressing smoothly; opt-out rates remain within normal ranges at about 5%.
• Ava welcomed Courtney Wall as the new Contracts Manager in the Power Resources team.
• Ava participated in the California Community Choice Association (CalCCA) conference in Irvine, which had record attendance.
• Upcoming community events were listed across Newark, Oakland, and San Leandro for May and June. Board members were encouraged to refer event invitations to Annie Henderson for possible Ava participation.

13.(47:24) CAC Report
CAC Chair Hernandez discussed the May 19, 2025 meeting of the Community Advisory Committee. This meeting included a presentation from the Energy Affordability Ad Hoc Committee, updates on critical municipal facilities, and a review of state legislative bills.

The committee also discussed Ava’s draft budget, noting concern about the reduction in local development funding from $25 million in the upside scenario to $10 million in the PCIA reform budget. As part of the affordability discussion, members emphasized the need to advocate for legislation that lowers electricity bills and proposed expert engagement, including economist Dr. Richard McCann, to analyze IOU business models and risks to Ava from PG&E rate increases. The CAC will continue working with staff on recommendations related to ratepayer protections, expense transparency, and coalition-building to reduce rates.

14. (50:40) FY 2025-2026 Draft Budget Review (Informational Item) Present and discussion the draft budget for the upcoming fiscal year Howard Chang presented two versions of the budget for fiscal year 2025–26: one assuming no regulatory changes (Upside), and one accounting for possible reforms to the PCIA fee that could reduce Ava’s revenue by as much as $187 million. To prepare for this risk, the PCIA Reform scenario includes cutting back on local development funding ($10 million instead of $25 million) and hiring fewer staff (7 new positions instead of 14). Staff also introduced a new approach to renewable energy procurement that spreads targets over several years, helping balance costs and reduce financial pressure. The board was asked to provide feedback on tools like adjusting customer rates, changing procurement levels, or using reserve funds to keep the budget stable. A final budget will be brought to the board in June, with updates based on PG&E’s recent filings and any decisions made by the CPUC.

Ava Community Energy
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(1:45:16) Public Comment – Cynthia Landry spoke in support of prioritizing funding for heat pump water heater programs, especially for low-income residents, and suggested that budgets should be reallocated to increase support for critical municipal facilities. (1:47:18) Public Comment – Bradley Cleveland spoke in support of accelerating local development projects like critical municipal facilities and resiliency hubs to take advantage of federal clean energy tax credits available through the Inflation Reduction Act's direct pay program.
(1:48:54) Public Comment – Jim Lutz asked whether Ava’s practice of indexing rates to PG&E increases exposure to PCIA-related volatility.

Selected Topics Raised by Board Members:
• Member Sakakihara asked why personnel costs are expected to increase next year. He wanted to understand how unfilled positions, hiring timelines, and salary changes contribute to the overall growth in staffing expenses. • Member Sakakihara also asked how potential rate changes could affect low-income CARE/FERA customers. • Member Tregub asked for details about the CPUC’s upcoming changes to the PCIA and how Ava could influence the process.
• Members Tregub, Gonzalez, and Balch supported the idea of using a multi-year compliance period for renewable energy goals. Member Gonzalez said it’s important to first see how this method would have worked in past years to avoid unexpected problems.
• Chair Balch and Member Gonzalez asked for clearer information about how each of the proposed budget options—like changing rates, cutting programs, or reducing hiring—would help close possible budget gaps.
• Member Marquez asked if Ava could revisit and increase local development funding later in the year if more money becomes available. • Member Marquez also suggested using trained interns or shorter staff shifts to help Ava attend more local events.
• Member Marquez and Chair Balch agreed that if the conservative scenario is adopted, the board should plan a mid-year check-in (likely in November or December) to consider restoring local development funding if financial conditions improve.

15.(2:17:19) Critical Municipal Facilities Update (Action Item) Ava Community Energy
Board of Directors Page | 6
Authorize CEO to negotiate and execute agreement with McMillan Electric and City PPAs JP Ross presented a proposal to develop solar and battery storage systems at eight critical municipal sites across four cities, requesting board approval for contracts with McMillan Electric and participating cities, along with an $8 million allocation from Ava’s local development fund. The projects aim to improve resilience during power outages and provide modest long-term bill savings for cities, while also allowing Ava to gain experience in owning assets and utilizing federal tax credits through the Inflation Reduction Act. The selected contractor, McMillan Electric, was chosen through a competitive RFP process and has committed to using union and local labor, with at least 50% of on-site hours from Alameda or San Joaquin counties. If approved, project execution will begin immediately, with construction targeted for completion by April 2026 to qualify for more favorable Net Energy Metering (NEM 2.0) terms. (2:57:08) Public Comment: Bradley Cleveland thanked Ava leadership for partnering with labor groups to ensure local hiring and apprenticeship opportunities. He also stated that while the project carries financial risks, it provides important benefits by improving city resilience to climate impacts.

Selected Topics raised by Board Members:
• Member Marquez asked whether the project would be phased or if all sites would move forward simultaneously, and how Ava would monitor compliance with labor agreements.
• Member Goldstein asked about Ava’s risk exposure if equipment suppliers or contractors were to fail.
• Member Tregub asked which “safe harbor” provisions Ava was relying on to mitigate risk in the event of a repeal or change to the federal Investment Tax Credit (ITC).
• Member Gonzalez asked how Ava would manage risk in scenarios such as building fires or utility line damage, and whether insurance responsibilities would fall to Ava or the host cities. He also asked how performance guarantees would be structured to protect Ava in the event of underperformance or equipment failure. • Chair Balch asked whether Ava had considered the risk of future asset relocation—such as during re-roofing or site reconfiguration—and how termination clauses in the contracts would address those scenarios. • Member Morada asked whether Ava currently has the internal engineering and asset management capacity to operate the new systems.

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Member Tregub motioned to approve the staff’s recommendation. Member Barrientos seconded the motion, which was approved 14/0/0/0/4 (yes/no/abstain/recuse/not present):

Yes: Members: Marquez, Tregub, Morada, Kaur, Campbell, Goldstein, Barrientos, Jorgens, Brown, Gonzalez, Bedolla, Sakakihara, Vice-Chair Andersen and Chair Balch
No: none
Abstain: none
Recuse: none
Not Present: Members: Lopez, Diallo, Rickman and Fugazi

16.(3:08:00) 2025 State Legislative Bills (Action Item) Request approval for bill positions
Sam Sadle, Ava’s Principal Legislative Manager, presented two action items: an update to the agency’s legislative platform and a recommendation to adopt positions on 14 state bills relevant to Ava’s mission. The updated platform adds two new policy principles— electricity affordability and bill transparency. Sadle explained the internal process used to filter 2,350 bills down to 28 of relevance, ultimately recommending action on 14 of them across categories like decarbonization, affordability, local development, and board governance.
(3:11:52) Public Comment – Colin Cook Miller, speaking on behalf of the Reclaim Our Power Utility Justice Campaign, urged the Board to support SB 332, which would explore transitioning investor-owned utilities like PG&E to nonprofit or public ownership.

Item 16A. State Legislative Bills Platform:

Member Marquez motioned to approve the staff recommendation. Member Sakakihara seconded the motion, which was approved 14/0/0/0/4 (yes/no/abstain/recuse/not present):

Member Brown asked whether any of the bills under consideration had become two-year bills.

Member Morada questioned why the board was taking a formal vote at this stage given ongoing legislative uncertainty.

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Member Gonzalez expressed disappointment that Ava had not supported SB 540 despite widespread support from other CCAs and the Brattle Group’s findings.

Item 16B. State Legislative Bills Program:

Member Tregub motioned to approve the balance of staff’s recommendation - bullets 2 and 3 on page one of the Item 16 Staff Report, quoted below:
• “Staff recommendation that you adopt a “support” position on Assembly Bills (“AB”) and Senate Bills (“SB”) AB 39 (Zbur), AB 44 (Schultz), AB 259 (Rubio), AB 729 (Zbur), AB 915 (Petrie-Norris), SB 239 (Arreguin), SB 254 (Becker), SB 282 (Weiner), SB 314 (Padilla), SB 453 (Stern), SB 698 (McNerney); and
• Staff recommendation that you adopt a “support if amended” position on AB 222 (Bauer-Kahan), SB 283 (Laird), and SB 541 (Becker).” Member Barrientos seconded the motion, which was approved 13/0/0/0/5 (yes/no/abstain/recuse/not present):

Yes: Members: Marquez, Tregub, Morada, Campbell, Goldstein, Barrientos, Jorgens, Brown, Gonzalez, Bedolla, Sakakihara, Vice-Chair Andersen and Chair Balch
No: none
Abstain: none
Recuse: none
Not Present: Members: Lopez, Kaur, Diallo, Rickman and Fugazi

17.(3:50:54) Board Member and Staff Announcements including requests to place items on future Board of Directors Meeting Agendas
• Chair Balch spoke about the need for subcommittee attendance.

18.Adjourned at 10:51pm.

The next Ava Board of Directors meeting will be held on Wednesday, June 18, 2025 at 6pm:

Conference Room 5
Ava Community Energy
1999 Harrison Street, Suite 2300
Oakland, CA 94612
Consent Item 8
Consent Item 8
To: Ava Community Energy Authority
From: Howard Chang, Chief Executive Officer
Subject: Contracts Entered Into
Date: June 18, 2025
_____________________________________________________________________

RECOMMENDATION
Accept the CEO’s report on contracts that Ava Community Energy has entered into, as required by the Administrative Procurement Policy, from May 14, 2025, through June 11, 2025; C-2025-090 Xynteo Limited (United Kingdom) Consulting Services Agreement, provides strategic load growth analysis, effective May 18, 2025, through May 17, 2026, with a maximum compensation of $95,000.

C-2025-091 PFM Financial Advisors (El Segundo, CA) Engagement Letter provides financial advisory services related to procurement of Line of Credit, effective May 15, 2025, through May 15, 2026, with a maximum compensation of $30,000.

C-2025-092 Rubicon Point Partners (Rotunda) (Oakaland) Purchase Rider Provides temporary location at the Rotunda to host Ava's July Board of Directors and Community Advisory Committee meetings with compensation not to exceed $2,852 through July 1, 2025.

C-2025-093 Alan Comnes d/b/a New Energy Works Consulting April 2025 Amendment to the CSA extends the term through June 30, 2026, and adds $100,000 in compensation for the term July 1, 2025, June 30, 2026, for power procurement technical services C-2025-094 Chapman & Cutler Engages Chapman & Cutler for legal services related to prepay through June 30, 2026, with compensation not to exceed $175,000.

C-2025-095 City of Lathrop Sponsorship Agreement for $17,500 for Lathrop's July 2025 birthday celebration.

Consent Item 8
C-2025-096 Bentham Paulos May 2025 Amendment to the Consulting Services Agreement adds $15,000 in additional compensation through June 30, 2025.

C-2025-097 Downtown San Leandro Community Benefit District Sponsorship Agreement, for sponsorship of 2025 event cycle with a cost of $10,000.

C-2025-098 Pivotal Talent Search May 2025 Amendment to the Consulting Services Agreement, adds $98,000 in additional compensation through June 30, 2026.

C-2025-099 Charge Across Town May 2025 Amendment to the Consulting Services Agreement, extends term through June 30, 2026.

C-2025-100 Paul Ferradas May 2025 Amendment to the Consulting Services Agreement, extends term through June 30, 2026.

C-2025-101 FinalOption Corp dba Pacific Printing May 2025 Amendment to the Consulting Services Agreement, adds $75,000 in additional compensation.

C-2025-102 Berkeley Air Monitoring Group May 2025 Amendment to the Consulting Services Agreement, extends term through January 31, 2026.

C-2025-103 FinalOption dba Pacific Printing (San Jose, CA) Consulting Services Agreement, provides printing and mailing services, effective July 1, 2025, through June 30, 2026, with a maximum compensation of $75,000.

C-2025-104 Smarty, LLC (Orem, UT) Purchase Rider for monthly services and one fixed fee Autocomplete purchase of $5,000, with compensation not to exceed $8,800 through June 30, 2025.

C-2025-105 Project6 Design Consulting Services Agreement adds $99,000 in additional compensation and extends the term through June 30, 2026.

C-2025-106 First Principles Advisory May 2025 Amendment to the Consulting Services Agreement, adds $50,000 in additional compensation and extends the term through December 31, 2025.

C-2025-107 Coastal Cloud May 2025 Amendment to the Consulting Services Agreement, adds $50,000 in additional compensation.

C-2025-108 Jason Blalock June 2025 Amendment to Consulting Services Agreement extends termination date of the agreement through June 30, 2026.

C-2025-109 DNV Energy (Katy, TX) Consulting Services Agreement for Engineering Procurement and construction agreement negotiation through 8/29/2025 with compensation not to exceed $99,000.

C-2025-110 Bay Area News Group (BANG) (San Ramon, CA) Advertising Agreement for printed & digital ads through June 30, 2026, with compensation not to exceed $99,000.

C-2025-111 LHi Group Amendment to Staffing Services Agreement confirms the amount of compensation for Contract/Temporary services through June 30, 2025, is not to exceed $50,000 Consent Item 8
C-2025-112 LHi Group Amendment to Staffing Services Agreement confirms the amount of compensation for Permanent Staffing Placement Services through June 30, 2025, is not to exceed $130,000

Consent Item 9
Consent Item 9
To: Ava Community Energy Authority
From: Sean Alexander, IT Project Manager
Subject:

Approving a Resolution of the Board of Directors of Ava Community Energy Authority Authorizing the CEO to Negotiate and Execute an Amendment to the Existing Consulting Services Agreement and Negotiate and Execute a New Consulting Services Agreement with PC Professional, Inc.,
Date: June18, 2025
__________________________________________________________________ Summary/Recommendation
Adopt a Resolution authorizing the CEO to 1) negotiate and execute an Amendment to the existing Consulting Services Agreement (“CSA”) with PC Professional, Inc. (PC Pro”) to increase the compensation by $100,000 for the current Fiscal Year of 2024/2025 and 2) negotiate and execute a new CSA for Fiscal Year 2025/2026 with compensation not to exceed $275,000.

Financial Impact
The Amendment will increase the not to exceed (“NTE”) for Fiscal Year 20245/2025 by $100,000 for a total NTE of $620,000 for the existing CSA. The new CSA for Fiscal Year 2025/2026 provides for compensation not to exceed $275,000.

Analysis and Context (with deadlines as applicable)
Ava has an existing CSA with PC Pro, an IT services provider responsible for managing IT office infrastructure, IT and user support functions both remotely and in the Ava office, through Consent Item 9
June 30, 2025. An Amendment for Fiscal Year 2024/2025 added $100,000 in compensation in June 2024, and another Amendment was approved by the Board in February 2025 for an additional $100,000; however, due to increased IT needs related to an increased number of staff, and upcoming office improvements, additional compensation is required through the end of the Fiscal Year 2024/2025.

To ensure uninterrupted IT support for Ava, staff is requesting Board approval of an Amendment to the existing CSA to add an additional $100,000 for Fiscal Year 2024/2025, .

Additionally, staff is requesting Board approval of a new CSA with PC Pro for Fiscal Year 2025/2026 with a NTE of $275,000.

This request aligns with Ava’s operational priorities, given the critical role IT services play in supporting our employees and maintaining organizational productivity.

Background and Selection Process
When Ava originally contracted with PC Pro, they were selected after the solicitation of three verbal quotes, and they have been a trusted partner, consistently meeting Ava’s evolving IT needs and ensuring high-quality service since 2018.

Staff is seeking Board approval to extend the existing CSA with PC Pro through the end of Fiscal Year 2024/2025 and also seeking Board approval to enter into a new CSA with PC Pro for Fiscal Year 2025/2026 as a sole source contract. This request is based on the following rationale:

1. Continuity of Operations: PC Pro has been our IT services provider since 2018, and they have deep institutional knowledge of our systems, infrastructure, and operational needs. A change of vendor at this time would require a significant transition period, during which our operations could be disrupted.

2. Customization: Over the course of our relationship, PC Pro has customized processes and systems to meet our specific requirements. Replacing the vendor would necessitate duplicating those efforts, resulting in substantial costs, time, and risks of data or service loss.

3. Avoidance of Service Disruption: IT services are essential to our daily operations.

Transitioning to a new vendor could create downtime, security vulnerabilities, or technical failures that would negatively impact staff productivity and our ability to serve customers.

4. Proven Performance and Reliability: PC Pro has consistently delivered high-quality support, demonstrated reliability, and responded quickly to Ava’s evolving needs. Their continued engagement offers predictability and mitigates the risks associated with onboarding a new, unproven vendor.

5. Cost Efficiency: While a competitive process may identify lower-cost vendors, the overall cost of transition—including procurement time, onboarding, and potential disruptions—would likely outweigh any short-term savings.

Consent Item 9
For these reasons, we respectfully request approval to continue contracting with PC Pro, under a new CSA, as a sole source provider, in the best interest of Ava’s operational stability and service continuity.

Scope and Timeline
The Amendment would cover the remainder of the current Fiscal Year 2024/2025 and the new CSA would cover next Fiscal Year 2025/2026, allowing PC Pro to continue providing:
• Helpdesk support for Ava employees.
• Preparation of equipment and accounts related to onboarding • Maintenance and troubleshooting of office IT infrastructure. • Proactive management of hardware, software, and cybersecurity requirements • Preparation for office improvements
Attachments
A. Resolution of the Board of Directors of the Ava Community Energy Authority Authorizing the CEO to Negotiate and Execute an Amendment to the Consulting Services Agreement and Negotiate and Execute a New Consulting Services Agreement with PC Professional, Inc.

B. Draft CSA Amendment
C. Draft CSA for FY 2025/2026
Attachment Consent Item 9A
RESOLUTION NO. R-2025-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF THE AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE

CEO TO NEGOTIATE AND EXECUTE AN AMENDMENT TO THE EXISTING

CONSULTING SERVICES AGREEMENT AND NEGOTIATE AND EXECUTE A

NEW CONSULTING SERVICES AGREEMENT WITH PC PROFESSIONAL, INC.

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 executed a Consulting Services Agreement (“CSA”) with PC Professional, Inc. (“PC Pro”) on July 1, 2020, to provide IT support service, and hardware and software procurement to Ava with compensation not to exceed $30,000.

On June 30, 2021, Ava entered into a First Amendment to the CSA for the purposes of adding $90,000 in compensation, updating the scope of work, and extending the term to June 30, 2022. On June 30, 2022, Ava entered into a Second Amendment to the CSA for the purposes of adding $100,000 in compensation and extending the term to June 30, 2023. On June 30, 2023, Ava entered into a Third Amendment to the CSA for the purposes of adding $100,000 in compensation and extending the term to June 30, 2024. On June 30, 2024, Ava entered into a Fourth Amendment to the CSA for the purposes of adding $100,000 in compensation and extending the term to June 30, 2025. In February 2025, Ava entered into a Fifth Amendment to the CSA for the purposes of adding $100,000 in compensation;
WHEREAS Ava has surpassed the maximum compensation under the CSA for Fiscal Year (“FY”) 2024/2025;
WHEREAS Ava would like to increase the compensation to PC Pro for their continued information technology (“IT”) services, including managing IT functions and user support both remotely and in the Ava office. Adding compensation to the CSA is necessary to ensure continued support from PC Pro;
Attachment Consent Item 9A
WHEREAS Ava desires to amend the existing CSA to add $100,000 in compensation for the remainder of FY 20224/2025; and
WHEREAS Ava desires to enter into a new CSA with PC Pro for IT services from July 1, 2025, through June 30, 2026, as a sole source provider, with compensation not to exceed $270,000, as it in the best interest of Ava’s operational stability and service continuity.

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

Section 1. The Board hereby authorizes the Chief Executive Officer to negotiate and execute an Amendment to the existing CSA, subject to the approval of General Counsel, with PC Prol for additional compensation up to the amount of $100,000 for a total compensation amount not to exceed $620,000.

Section 2. The Board hereby authorizes the Chief Executive Officer to negotiate and execute a new CSA, subject to the approval of General Counsel, with PC Pro for IT services from July 1, 2025, through June 30, 2026, with the total compensation amount not to exceed $275,000.

ADOPTED AND APPROVED this 18th day of June 2025.

Jack Balch, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Attachment Consent Item 9B
1 June 2025 Sixth Amendment to Consulting Services Agreement by and Between Ava Community Energy Authority and PC Professional, Inc.

This Sixth Amendment to the Agreement with PC Professional, Inc. for Consulting Services (“Sixth Amendment”) is made this 18th day of June 2025, by and between the Ava Community Energy Authority, a Joint Powers Agency formed under the laws of the State of California (“Ava”) and PC Professional, Inc. a California Corporation (“PC Pro”), for the purposes of adding additional compensation.

Recitals
A. Ava and PC Pro entered into that certain Consulting Services Agreement dated July 1, 2020 (“Agreement”), wherein PC Pro agreed to provide information technology (IT) support services and hardware and software procurement to Ava, with compensation not to exceed $30,000.

B. Ava and PC Pro entered into that certain First Amendment to the Agreement dated June 30, 2021 (“First Amendment”) for the purposes of adding $90,000 in additional compensation, updating the scope of work, and extending the term to June 30, 2022.

C. Ava and PC Pro entered into that certain Second Amendment to the Agreement dated June 30, 2022 (“Second Amendment’) for the purposes of adding $100,000 in additional compensation and extending the term to June 30, 2023.

D. Ava and PC Pro entered into that certain Third Amendment to the Agreement dated June 30, 2023 (“Third Amendment’) for the purposes of adding $100,000 in additional compensation and extending the term to June 30, 2024.

E. Ava and PC Pro entered into that certain Fourth Amendment to the Agreement dated July 1, 2024 (“Fourth Amendment’) for the purpose of adding $100,000 in additional compensation, extending the term to June 30, 2025, and update reference to Ava.

F. Ava and PC Pro entered into that certain Fifth Amendment to the Agreement dated February 19th, 2025 (“Fifth Amendment’) for the purpose of adding $100,000 in additional compensation.

G. Ava and PC Pro now desire to amend the Agreement to add additional compensation, increasing the not-to-exceed amount by $100,000 for the term of July 1, 2024, to June 30, 2025.

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 $100,000 for a total amount not Attachment Consent Item 9B
2 to exceed Six Hundred Twenty Thousand Dollars ($620,000) and Exhibit E of the Agreement is replaced with the attached revised Exhibit E.

2. All other terms and conditions in the Agreement not otherwise modified by this Sixth Amendment will remain in full force and effect.

In witness whereof, the Parties have entered this Sixth Amendment on the date written above.

Ava Community Energy Authority,
A Joint Powers Authority
Howard Chang
Chief Executive Officer
Date: ____________________________
Approved as to form:

Ava General Counsel
PC Professional Inc.

A California Corporation
Joe Santorsiero
Vice-President
Date: ______________________________
Dan Sanguinetti
Secretary/CEO
Date: ______________________________
Attachment Consent Item 9B
E-1
Exhibit E
Compensation/Budget
Ava shall compensate Consultant for services provided under this Agreement as follows:

Services performed under this Agreement will be billed at a rate of $135 per hour.

Total compensation to be paid to the Consultant under this Agreement shall not exceed $620,000;
• $300,000 for the fiscal year from July 1, 2024 to June 30, 2025, • $100,000 for the fiscal year from July 1, 2023 to June 30, 2024, • $100,000 for the fiscal year from July 1, 2022 to June 30, 2023, • $90,000 for the fiscal year from July 1, 2021 to June 30, 2022, • $30,000 for the fiscal year July 1, 2020 to June 30, 2021.

This not to exceed amount does not apply to the cost of hardware or software procured by the Consultant, which shall be purchased and invoiced separately from the fees for hourly services provided under this Agreement.

Attachment Consent Item 9C
1 June 2025 Consulting Services Agreement
Ava Community Energy
Authority (“Ava”)
Signature: [companySignerSignature_KPpknIy]
By: [companySignerName_F4OqAwu]
Date: [companySignerDateField_kADuwEz]
Approval as to
Form:
[approvalAsToFormSignature_yPxy4LU]
Address: 1999 Harrison Street, Suite 2300
Oakland, CA 94612
Ava Notice Emails: [email protected] with a cc to:
[email protected]
Relationship
Manager:

Sean Alexander
PC Professional, Inc
a California Corporation
(“Consultant”)
Signature: [counterpartySignerSignature_xbAWUWT]
By: [counterpartySignerName_CDDO66l]
Date: [counterpartySignerDateField_vztquxC]
Notice Attn: Joe Santorsiero
Phone: 510.874.5861
Notice Address: 1615 Webster Street, Oakland, California 94612, United States
Notice Email(s): [email protected]
Effective Date This agreement is effective as of July 1, 2025.

Expiration Date June 30, 2026
Not To Exceed (“NTE”) $275,000.00
May 2025 template.

This Consulting Services Agreement (the “Agreement”) is made by and between Ava Community Energy Authority, a joint powers authority formed under the laws of the State of California (“Ava”), and the counterparty set forth above (“Consultant”) as of the Effective Date. Ava and Consultant are herein referred to as “Parties” or individually as a “Party.”

1. Recitals
Attachment Consent Item 9C
2 1.1. Ava Recitals. Ava is an independent joint powers authority duly organized under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) with the power to conduct its business and enter into agreements.

1.2. Consultant Recitals. Consultant possesses the skill, experience, ability, background, certification and knowledge to complete the Work described in Section 3 of this Agreement pursuant to the terms and conditions described herein.

NOW THEREFORE, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties to this Agreement, agree as follows:

2. Term. The term of this Agreement begins as of the Effective Date of this Agreement ends as of the Expiration Date, unless terminated earlier pursuant to Section 8 (Termination).

3. Scope of Work/Compliance with Laws and Regulations.

3.1. Work. Consultant agrees to perform the scope of work (the “Work”) in Exhibit A in accordance with the schedule in Exhibit B.

3.2. Requirements. Consultant represents and warrants that it has the skill and expertise to perform the Work. Consultant agrees to obtain any and all necessary licenses, approvals or permits necessary to perform the Work.

3.3. Legal Compliance. Consultant and its contractors, consultants, sub-suppliers, affiliates, agents and any other person or entity with whom the Consultant contracts in furtherance of this Agreement (collectively “Subconsultants”) must comply with all federal, state and local laws and regulations in performing the Work under this Agreement. Without limiting the foregoing, if work required to be performed by the Consultant is a “public work” as defined in California Labor Code Section 1720, then pursuant to the provisions of Labor Code Sections 1725.5 and 1771, the Consultant shall be registered with the Department of Industrial Relations (“DIR”), and will pay and require subcontractors to pay the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of worker needed to perform this Agreement, as established by the DIR. As of the execution of this Agreement, these rates may be obtained at:
http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Consultant shall provide a copy of prevailing wage rates to any staff, contractor and/or Subconsultant hired by Consultant for this Agreement and shall pay the adopted prevailing wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code.

Pursuant to the provisions of 1775 of the Labor Code, Consultant shall forfeit to Ava, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, is paid less than the applicable prevailing wage rates for any work done under this Agreement, by them or by any subcontractor under them, in violation of the provisions of the Agreement.

4. Consultant Staffing. Exhibit C contains a list of Consultant’s principal and all team members. Consultant will not change or substitute the principal or any team members or add additional team members without consultation with Ava.

5. Subconsultants.

5.1. Approved Subconsultants. Consultant agrees to use only those Subconsultants listed on Exhibit D.

Consultant shall notify Ava within a reasonable period of time of any changes, additions, or removals of a Subconsultant.

5.2. Subconsultant Compliance. Consultant agrees to require all Subconsultants to comply with the terms of this Agreement, including without limitation, the public works requirements in Section 3.3, the insurance obligations under Section 9, the confidentiality requirements under Section 11, and the requirement to indemnify Ava as provided in Section 12.

6. Invoicing and Payment.

6.1. Time and Materials. If the Work under this Agreement is to be performed on a time and materials basis, Consultant must submit invoices to Ava on a monthly basis, complete with the name of the Attachment Consent Item 9C
3 individual that conducted the Work, the time spent, and a brief description of the tasks performed during that time. If requested by Ava, Consultant must include the contract number provided by Ava and the total compensation remaining on the Agreement on each monthly invoice. Notification to Ava should be provided once the contract budget has been used up by 80% (including invoiced work and work that may not have been invoiced yet) the amount of which is set forth in Exhibit E. Invoices must be submitted to Ava by the 20th of the month following the month in which Consultant performed the Work.

6.2. Milestone. If the Work under this Agreement is to be performed on a task or project basis, the Consultant will submit an invoice within thirty (30) days of completing the project to the satisfaction of Ava for full payment, unless other arrangements have been made.

6.3. Markups. Ava will not agree to pay any markups on Subconsultant services or supplies unless such markups are included in Exhibit E, Compensation/Budget and such markups were included in Consultant’s bid, if applicable.

6.4. Payment Processing. The following are conditions on Ava’s obligation to process any payments under this Agreement:

6.4.1. If the Consultant is a U.S. based person or entity, the Consultant must provide to Ava a properly completed Internal Revenue Service Form W-9 before Ava will process payment. If the Consultant is a U.S based person or entity but has neither a permanent place of business in California nor is registered with the California Secretary of State to do business in California, the Consultant must provide Ava with a properly completed California Franchise Tax Board form related to nonresident withholding of California source income before Ava will process payment.

6.4.2. If the Consultant is not a U.S. based person or entity, the Consultant must provide Ava with the applicable Internal Revenue Service form related to its foreign status and a California Franchise Tax Board form related to nonresident withholding before Ava will process payment.

6.5. Payment. Ava agrees to pay undisputed invoices within forty-five (45) days of receipt. Invoices may be sent to Ava by U.S. mail or electronic mail to [email protected]. Invoices will be deemed received on the next business day following the date of receipt via electronic mail or three days after receipt via U.S. mail. Notwithstanding anything to the contrary in this Agreement or any related document, Ava shall have no obligation to remit payment for fees in excess of the NTE.

6.6. Members. Ava, as a joint powers authority, is a separate public entity from its constituent members and will be solely responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. Consultant acknowledges that it will have no rights and agrees not to make any claims, take any actions or assert any remedies against any of Ava’s constituent members in connection with this Agreement.

7. Records Retention and Ownership of Work Product.

7.1. Records. The Consultant must retain all ledgers, books of accounts, invoices, vouchers, cancelled checks, background materials, or other records relating to its performance under this Agreement for a period of three (3) years following termination of this Agreement.

7.2. Ownership. Ava owns all rights, including without limitation, all licenses, copyrights, service marks and patents, in and to all Work Product(s), whether written or electronic, without restriction or limitation upon their use and immediately when and as created by the Consultant, any Subconsultants, or any other person engaged directly or indirectly by the Consultant to perform under this Agreement. “Work Product(s)” means all writings, reports, drawings, plans, data, video, media, photographs, renderings, plans, software, models, and other similar documents and materials developed or created by Consultant or its Subconsultants on behalf of or for use by Ava under this Agreement. All Work Product(s) will be considered “works made for hire,” and together with any and all intellectual property rights arising from their creation will be and remain the property of Ava without restriction or limitation upon their use, duplication or dissemination by Ava. Consultant agrees not to obtain or attempt to obtain copyright protection in its own name for any Work Product.

Attachment Consent Item 9C
4 8. Termination.

8.1. Upon Notice. Ava may terminate this Agreement for any reason by giving Consultant written notice.

The termination notice may set the date of termination, but if no such date is given, termination is effective seven (7) days following the date of the written notice.

8.2. For Breach. Ava may terminate this Agreement immediately upon written notice for any material breach of this Agreement by Consultant or any of its Subconsultants. If Ava terminates this Agreement for cause and obtains the same services from another consultant at a greater cost, the Consultant is responsible for such excess costs in addition to any other remedies available to Ava.

8.3. Completion Option. Upon termination for any reason, Ava has the option of requiring the Consultant to complete work up to the date of termination or to cease work immediately. Ava has the further option to require Consultant to provide Ava any finished or unfinished Work or Work Product prepared by the Consultant up to the date of termination.

8.4. Payment. Ava will pay Consultant the reasonable value of services satisfactorily rendered by the Consultant to Ava up to the date of written notice of termination. If Ava authorizes Consultant to continue performing the Work through the date of termination, Ava will pay Consultant the reasonable value of services satisfactorily rendered up through the date of termination, providing such services are in compliance with the Compensation/Budget in Exhibit E.

8.5. Return of Work Product. Upon termination of this Agreement, and at no cost to Ava, Consultant, its Subconsultants and anyone working for Ava under control of Consultant must return all Work Product to Ava and cooperate with any subsequent consultant during any transition. Consultant may only retain copies of the Work Product by express written permission of Ava.

9. Insurance

9.1. Proof of Insurance. Consultant must procure, maintain and comply with the insurance requirements in Exhibit F throughout the full term of this Agreement. Consultant must provide proof of insurance either in the form of a certificate of insurance or, if requested by Ava, a copy of the insurance policy, prior to performing any work under this Agreement.

9.2. Ongoing Coverage. Consultant agrees to stay in compliance with the insurance coverage requirements during the term of this Agreement. Consultant must give Ava ten (10) days written notice and obtain Ava’s written approval prior to making any modifications that would reduce its insurance coverage.

9.3. Subconsultant Coverage. Consultant must either include Subconsultants under its insurance policies or require each Subconsultant to comply with the insurance obligations in Exhibit F.

10. No Discrimination or Conflict of Interest

10.1. Non-Discrimination. Consultant represents and warrants, on behalf of itself and its Subconsultants, that it has not and will not discriminate against anyone based on his/her age, color religion, sex, sexual orientation, disability, race, national origin, or any other protected category under state or federal law.

10.2. Conflict of Interest. Consultant represents and warrants, on behalf of itself and its Subconsultants, that it is familiar with local, state and federal conflict of interest laws, that in entering into this Agreement it is not violating any of the conflict of interest laws, that it will avoid any conflicts of interest during the term of this Agreement, and that it will notify Ava immediately if it identifies any conflicts of interest Consultant understands that violations of this Section 10 could result in immediate termination of this Agreement and disgorgement of compensation.

11. Confidentiality

11.1. Non-Disclosure. Except as authorized by Ava or as otherwise required by law, Consultant shall not disclose to any third party any draft or final Work Product, discussions or written correspondence between Consultant and its Subconsultants or discussions or written correspondence between Consultant and Ava staff. In the event Consultant receives a request from any third party requesting Attachment Consent Item 9C
5 disclosure of any Work Product, discussions, communications or any other information Consultant is prohibited from disclosing, Consultant will immediately notify Ava and wait for direction from Ava before disclosing the information.

11.2. Third Parties. For the purposes of this Section 11, “third party” refers to any person or group other than Ava staff and Board members. For example, “third parties” include community groups, Board advisory groups, other governmental agencies, other consultants or members of the community.

11.3. Confidentiality Survival. This Section 11 will survive the expiration or termination of this Agreement.

11.4. Public Records Act. The Parties understand and agree that (1) this Consulting Services Agreement is subject to public disclosure under the California Public Records Act (“CPRA”); (2) a request pursuant to the CPRA may obligate Ava to disclose this Agreement, in whole or in part, to the requestor; and (3) Consultant is solely responsible for the inclusion of any information herein that Consultant may consider sensitive and should not include sensitive information within this Agreement.

12. Indemnity

12.1. General Indemnity. Except with regard to any matter involving professional negligence, Consultant agrees, at its sole cost and expense, to indemnify, defend with counsel reasonably approved by Ava, and protect and hold harmless Ava, its officers, directors, employees, agents, attorneys, designated volunteers, successors and assigns, and those Ava agents serving as independent contractors in the role of Ava staff (collectively “Ava Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, penalties, judgements, liens and losses of whatever nature (“Claims”) that arise, directly or indirectly, in whole or in part, out of or are in any way related to Consultant’s or Subconsultant’s performance or failure to perform the Work under this Agreement, regardless of whether the Consultant or its Subconsultants acted or failed to act intentionally, willfully, recklessly or negligently. Consultant agrees that its indemnity and defense obligations include all costs and expenses, including all attorney fees, expert fees, mediation, arbitration, or court costs in connection with the defense. Consultant further agrees to indemnify, defend, protect and hold harmless Indemnitees from and against any breach of this Agreement and any infringement of patent rights, trade secret, trade name, copyright, trademark, service mark or any other proprietary right of any person(s) caused by Ava’s use of any services, Work Product or other items provided by Consultant or its Subconsultants under this Agreement.

12.2. Professional Negligence. With regard to any matter involving professional negligence, Consultant agrees, at its sole cost and expense, to indemnify, defend with counsel reasonably approved by Ava, and protect and hold harmless the Ava Indemnitees from and against any and all Claims to the extent arising out of or resulting from Consultant’s or Subconsultant’s negligence, recklessness, or willful misconduct. In no event shall the cost to defend charged to Consultant exceed the Consultant’s proportionate percentage of fault.

12.3. Exceptions. Consultant’s obligations in Subsections 12.1 and 12.2 do not apply to the extent any Claim results from the negligence or willful misconduct of the Ava Indemnitees.

12.4. Indemnitees. Except as limited by Subsection 12.2, Consultant’s obligation to defend Ava applies to the maximum extent allowed by law and includes defending Indemnitees as set forth in California Civil Code sections 2778 and 2782.8.

12.5. Insurance. The Consultant’s obligations under Section 12 apply regardless of the existence or amount of insurance the Consultant carries or has made available to Ava.

12.6. Indemnification Survival. The Parties agree that this Section 12 survives the expiration or earlier termination of the Agreement.

13. Consultant is an Independent Contractor
Attachment Consent Item 9C
6 13.1. Relationship of the Parties. Consultant and its Subconsultant(s) are and at all times will be independent contractors. Consultant has complete control over its operations and employees and is not an agent or employee of Ava and must not represent or act as Ava’s agent or employee.

Consultant agrees, on behalf of itself and its employees and Subconsultants, that it does not have any rights to retirement benefits or other benefits accruing to Ava employees, and expressly waives any claim it may have to any such rights.

13.2. Relationship of Subconsultants. As an independent contractor, Consultant has complete control over its Subconsultants. Subject to the requirements of Section 5 of this Agreement, Consultant is solely responsible for selecting, managing and compensating its Subconsultants, and for ensuring they comply with this Agreement.

14. Miscellaneous Terms and Conditions

14.1. Ava Authority. The Chief Executive Officer or his/her designee is authorized to take all actions under this Agreement, including without limitation, amendments that fall within the Chief Executive Officer’s signing authority, termination or modification of terms.

14.2. Waiver. Waiver by either party of any one or more conditions, Sections, provisions or performance of this Agreement will not be a waiver of any other provision; nor will failure to enforce a provision or Section in one instance waive the right to enforce such provision or Section in the future.

In no event will payment by Ava to Consultant constitute or be construed as a waiver by Ava of any breach or default of this Agreement, nor will such payment prejudice any of Ava’s other rights or remedies.

14.3. Governing Law. Consultant and Ava agree that this Agreement will be interpreted under the laws of the State of California.

14.4. Venue. Any litigation resulting from this Agreement will be filed and resolved by a state court in Alameda County, California, or if appropriate, the federal courts in the Northern District of California located in San Francisco.

14.5. Audit Rights. All records or documents required to be kept pursuant to this Agreement must be made available for audit at no cost to Ava, at any time during regular business hours, upon written request by Ava. Copies of such records or documents shall be provided to Ava at Ava’s offices unless an alternative location is mutually agreed upon.

14.6. Recitals and Exhibits. The Recitals in Section 1 above are intentionally made a part of this Agreement. All Exhibits and any other documents incorporated by reference are a part of this Agreement.

14.7. Notices. Notices to Ava shall be effective upon delivery to all email addresses in Ava Notice Emails, above. .Any notices required to be given to Contractor under this Agreement must be made in writing and may be delivered a) personally, in which case they are effective upon receipt; b) by U.S.

Mail, in which case they are effective three (3) days following deposit in the U.S. Mail, unless accompanied by a return receipt in which case, they are effective upon the date on the receipt; or c) by electronic mail, in which case they are effective upon confirmation of receipt, and if no confirmation of receipt, they are effective one day after transmission. All notices to Contractor must be sent to the Notice Address or Notice Email(s).

14.8. Assignment. Except to the extent this Agreement authorizes Consultant to use Subconsultants, Consultant will not assign any part of this Agreement without Ava’s prior written consent. Ava, at its sole discretion, may void this Agreement if a violation of this provision occurs.

14.9. Integrated Agreement. The Recitals, this Agreement and the Exhibits attached to this Agreement contain the complete understanding between Ava and Consultant and supersedes any prior or contemporaneous negotiations, representations, agreements, understandings and statements, written or oral respecting the Work up through the Effective Date of this Agreement.

14.10. Amendments. Any and all amendments or modifications to this Agreement must be made in writing and signed by each Party before such amendment will be effective.

Attachment Consent Item 9C
7 14.11. Government Claims Act. Nothing in this Agreement waives the requirements to comply with the California Government Claims Act (Government Code Section 810 et seq.), where applicable.

14.12. Severability. If a court of competent jurisdiction holds any Section or part of this Agreement to be invalid or unenforceable for any reason and the Work can still be performed, the Parties agree to sever the invalid or unenforceable Section from this Agreement and that all remaining Sections or parts of this Agreement will continue to be enforceable.

14.13. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together will constitute one and the same instrument and each of which will be deemed an original.

14.14. No Party Deemed Drafter. This Agreement will be considered for all purposes as prepared through the joint efforts of the Parties and will not be construed against one Party or the other as a result of the preparation, substitution, submission, or other event of negotiation, drafting or execution hereof.

14.15. Supplier Diversity. Ava is required to report to the California Public Utilities Commission (“CPUC”) on their diverse suppliers, as defined by CPUC General Order 156. Consistent with the California Public Utilities Code and California Public Utilities Commission policy objectives, Consultant agrees to document and provide information to Ava regarding Consultant’s status and any engagement of women, minority, disabled veteran, persons with disabilities, and LGBT owned business enterprises in its completion of the Work under this Agreement. Specifically, Consultant agrees to complete Ava’s Supplier Diversity questionnaire, which may be updated or revised during the term of the Agreement, and otherwise reasonably cooperate with Ava to provide the information described above. Consultant shall provide such information in the timeframe requested by Ava and in no event later than January 31 of the year following the Effective Date of this Agreement.

LIST OF EXHIBITS
EXHIBIT A: SCOPE OF WORK
EXHIBIT B: SCHEDULE
EXHIBIT C: CONSULTANT STAFFING
EXHIBIT D: SUBCONSULTANTS
EXHIBIT E: COMPENSATION/BUDGET
EXHIBIT F: INSURANCE REQUIREMENTS
Attachment Consent Item 9C
8 Exhibit A

SCOPE OF WORK
Consultant shall provide the following services:
• On-site and remote support for all Ava workstations;
• Antivirus monitoring for all Ava computers;
• Microsoft updates and patch monitoring for all EBCE computers; • Microsoft Office and G-Suite support;
• Endpoint back-up recommendations and monitoring;
• Same day remote support; same / next day business on-site support; • Hardware / Software procurement, configuration, installation, and troubleshooting; and • Other special projects, such as support in advance of, during and after improvements to Ava's office space.

Additional Services:

Consultant will not provide additional services outside of the services identified in Exhibit A, unless it obtains advance written authorization from the project manager or lead Ava representative prior to commencement of any additional services.

Attachment Consent Item 9C
9 Exhibit B

SCHEDULE
Consultant shall perform services as requested by Ava.

Attachment Consent Item 9C
10 Exhibit C

CONSULTANT STAFFING
Services will be provided by the PC Professional staff.

Attachment Consent Item 9C
11 Exhibit D

SUBCONSULTANTS
Subconsultants are not authorized under this Agreement.

Attachment Consent Item 9C
12 Exhibit E

COMPENSATION/BUDGET
Ava shall compensate Consultant for services provided under this Agreement at a rate of $135 per hour.

Total compensation to be paid to the Consultant under this Agreement shall not exceed $275,000 for the fiscal year from July 1, 2025 to June 30, 2026.

For the purposes of Section 6.1 (Time and Materials), 80% of the total compensation under this agreement (see NTE on page 1) is $220,000.

Attachment Consent Item 9C
13 Exhibit F

INSURANCE REQUIREMENTS
A. Minimum Scope and Limits of Insurance. Consultant must procure, and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000.00) per project or location. If Consultant is a limited liability company, the commercial general liability coverage must be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. If Consultant has no employees while performing the Work under this Agreement, workers’ compensation policy is not required, but Consultant must execute a declaration that it has no employees. 4) Professional Liability/Errors & Omissions Insurance with minimum limits of Two Million Dollars ($2,000,000.00) per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Exhibit F must be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide.

C. Additional Insured/Additional Named Insured. The automobile liability policies must contain an endorsement naming Ava, its officers, employees, agents and volunteers as additional insureds. The commercial general liability policy must contain an endorsement naming Ava, its officers, employees, agents and volunteers as additional named insureds.

D. Primary and Non-Contributing. The insurance policies required under this Agreement must apply on a primary non-contributing basis in relation to any other insurance or self-insurance available to Ava. Any insurance or self-insurance maintained by Ava, its officers, employees, agents or volunteers, will be in excess of Consultant’s insurance and will not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Agreement will not prohibit Consultant and Consultant’s employees, agents or Subconsultants from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against Ava.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by Ava. At Ava’s option, Consultant must either reduce or eliminate the deductibles or self-insured retentions with respect to Ava, or Consultant must procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Consultant agrees not to cancel any insurance coverage during the term of this Agreement. Consultant further agrees not to reduce or otherwise modify the insurance policies required by this Agreement during the term of this Agreement, without the prior written approval of Ava. The commercial general and automobile liability policies required under this Agreement must be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) days’ prior written notice to Ava. If any insurance policy required under Agreement is canceled or reduced in coverage or limits, Consultant must, within two (2) business days of notice from the insurer, phone and notify Ava via electronic mail and certified mail, return receipt requested, of the cancellation of or reductions to any policy.

Attachment Consent Item 9C
14 H. Ava Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Agreement in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements of this Exhibit F, Ava may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, Ava may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant must promptly reimburse Ava for any premium paid by Ava or Ava, in its sole discretion, may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of the Work under this Agreement, Consultant must furnish Ava with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Agreement. The endorsements are subject to Ava’s approval. Ava may request, and Consultant must provide complete, certified copies of all required insurance policies to Ava Consultant must maintain current endorsements on file with Ava. Consultant must provide proof to Ava that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant must furnish such proof at least two (2) weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant will not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify Ava under Section 12 of this Agreement.

K. Subconsultant Insurance Requirements. Consultant’s insurance coverage must include its Subconsultants or Consultant must require each of its Subconsultants that perform Work under this Agreement to maintain insurance coverage that meets all the requirements of this Exhibit F.

Consent Item 10
Consent Item 10
To: Ava Community Energy Authority
From: Trevor Cherr, VP of HR & Office Operations
Subject: Approving a Resolution of the Board of Directors of Ava Community Energy Authority authorizing the CEO to negotiate and execute an Amendment to the Agreement with Thrive Mind Collaborative.

Date: June 18, 2025
__________________________________________________________________ Summary/Recommendation
Adopt a Resolution authorizing the CEO to negotiate and execute an Amendment to the existing Master Services Agreement with Thrive Mind Collaborative, to provide experience-based business coaching and consulting services to employees, in partnership with the Human Resources Team, that would allow for a maximum amount of compensation of $190,000 for July 1, 2025, through June 30, 2026.

Financial Impact
This is an agreement that may incur costs of up to $190,000.00 in the 2025-2026 Fiscal Year.

Analysis and Context
In Fiscal Year 2022-2023, the Human Resources Team conducted “pilot” groups to gauge the impact of and satisfaction with various learning and development and coaching programs. Part of this included working with Thrive Mind Collaborative, who provided coaching and consulting services for 6 months. With great success and desirable outcomes, including high satisfaction and a desire to continue from participants, Ava moved forward with Thrive Mind Collaborative as our consulting and coaching partner. With twelve years of experience in leadership, operations, and learning and development, the lead coach working with Ava provides consulting services, including leadership coaching programs, staff workshops and training, and other related support or consulting services. These services have continued through Fiscal Year 2024-2025 and have Consent Item 10
been instrumental in the development and support of Ava staff, and we look forward to continued collaboration.

Attachments
A. Resolution Authorizing an Amendment to the Master Services Agreement by and Between Ava Community Energy Authority and Thrive Mind Collaborative B. Draft Amendment to the Master Services Agreement by and Between Ava Community Energy Authority and Thrive Mind Collaborative
Attachment Consent Item 10A
RESOLUTION NO. R-202x-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING AN

AMENDMENT TO THE MASTER SERVICES AGREEMENT WITH THRIVE

MIND COLLABORATIVE
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 Thrive Mind Collaborative has provided experience-based business coaching and consulting services to Ava employees in partnership with the Human Resources Team. With 12 years of experience in leadership, operations, and learning and development, the lead coach working with Ava will provide consulting services, including an executive coaching program, emerging leaders coaching program, staff workshops and training, and other related support or consulting services; WHEREAS In Fiscal Year 2022-2023, the Human Resources Team conducted “pilot” groups to gauge the impact of and satisfaction with various learning and development and coaching programs. During this pilot, Thrive Mind Collaborative provided coaching and consulting services for 6 months. With great success and desirable outcomes, including high satisfaction and a desire to continue from participants, Ava moved forward with Thrive Mind Collaborative as our consulting and coaching partner;
WHEREAS Ava staff has participated in this coaching and development program for six months in the Fiscal Year 2022-2023 and the entirety of Fiscal Years 2023-2024 & 2024-2025, with high success and satisfaction rates. These services have been instrumental in the development and support of Ava staff, and we look forward to continued collaboration; and
Attachment Consent Item 10A
WHEREAS the Human Resources team would like to continue utilizing the services provided by Thrive Mind Collaborative with compensation for Fiscal Year 2025- 2026 not exceeding $190,000 for coaching and consulting services.

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

Section 1. Authorizes the CEO to negotiate and execute an Amendment to the Master Services Agreement with Thrive Mind Collaborative for the Fiscal Year 2025- 2026, with compensation not to exceed $190,000 for coaching and consulting services, with total compensation not to exceed $532,000.

ADOPTED AND APPROVED this 18th day of June, 2025.

Jack Balch, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Attachment Consent Item 10B
1 June 2025 Amendment to Master Service Agreement by and Between Ava Community Energy Authority and Thrive Mind Collaborative
This Amendment to the Agreement with Thrive Mind Collaborative, LLC for Consulting Services (“June 2025 Amendment”) is made this 18th day of June, 2025, by and between the Ava Community Energy Authority, a Joint Powers Agency formed under the laws of the State of California (“Ava”) and Thrive Mind Collaborative, LLC, a California Limited Liability Company (“The Provider”), for the purposes of adding additional compensation, adjusting the scope of work, and extending the termination date.

Recitals
A. Ava and The Provider entered into that certain Master Service Agreement dated December 21, 2022 (“Agreement”), wherein The Provider agreed to provide Leadership Coaching & Development to Ava, with compensation not to exceed $30,000.

B. Ava and The Provider entered into that certain First Amendment to the Master Service Agreement on July 1, 2023, to add additional compensation, increasing the not-to-exceed amount by $130,000 for Fiscal Year 2023 through 2024 to cover additional services for a total amount not to exceed $160,000, and to add additional services to the Statement of Work.

C. Ava and The Provider entered into that certain Second Amendment to the Master Service Agreement on July 17, 2024, to add additional compensation, increasing the not-to-exceed amount by $182,000 for Fiscal Year 2024 through 2025 to cover additional services for a total amount not to exceed $342,000, and to update the Statement of Work.

D. Ava and The Provider now desire to amend the Agreement to add additional compensation, increasing the not-to-exceed amount by $190,000 for Fiscal Year 2025- 2026 (July 1, 2025, through June 30, 2026) for a total amount not to exceed five hundred thirty-two thousand dollars ($532,000.00) and to extend the termination date to June 30, 2026.

Now therefore, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Section 1 of the Agreement (“Term”) is amended to extend the term of the Agreement through June 30, 2026.

2. Section 10.3 of the Agreement (“Notice”) is amended in part to include [email protected] as a required additional recipient for Ava.

Attachment Consent Item 10B
2 3. Exhibit A (“Scope of Work”) of the Agreement is replaced in its entirety by Exhibit A, attached hereto.

4. All other terms and conditions in the Agreement not otherwise modified by this June 2025 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
Howard Chang
Chief Executive Officer
Date: ____________________________
Approved as to form:

Ava General Counsel
Thrive Mind Collaborative, LLC,
A California Limited Liability Company
Kristen Wilkinson
Founder & CEO
Date: ______________________________
Attachment Consent Item 10B
A-1
Exhibit A
Scope of Work
This Scope of Work is issued under the subject to all of the terms and conditions of the MSA effective as of the Effective Date between Ava Community Energy Authority, a Joint Powers Agency formed under the laws of the State of California (“Ava”) and Thrive Mind Collaborative, LLC, a California Limited Liability Company (“The Provider”).

Compensation for July 1, 2025, to June 30, 2026, is not to exceed $190,000.

Provider will provide coaching and training services to Ava staff as agreed upon and directed by Ava HR, including the following:

Ava 25-26 Scope of Work
Service Type Service Description
Coaching Services
1:1 Coaching
Monthly 1 hour 1:1 Coaching for senior leaders inclusive of:
- Personalized attention to individual development needs. - Tailored guidance for professional growth.
- Confidential space for self-reflection and skill enhancement.

Thriving Leadership Group
Coaching
Monthly 1 hour Group Coaching Sessions for Ava staff.

Includes topic development & content creation with the goals of cultivating:
- Teamwork and collaboration among emerging leaders.
- Peer learning and support.
- Exposure to diverse perspectives and ideas.

Forums Monthly 1 hour group coaching sessions
Open Door Coaching Sessions
1 hour Open Door Coaching Sessions to allow for:
- Accessible coaching for all levels of the organization. - Opportunity for quick problem-solving and guidance.
- Support for addressing immediate challenges.

Attachment Consent Item 10B
A-1
L&D Services
All Staff Workshops
Develop & Deliver all staff workshops that focus on:
- Building shared language and understanding around key topics. - Skill development for handling common workplace challenges. - Creating a culture of continuous learning and development.

New Managers Training
Content Development &
Delivery
Development & delivery of training materials to support new manager skill-building and alignment in areas such as communication, delegation, and performance management.

Programmatic &
Advising Services Ongoing Strategic Advising
1 hour Monthly Strategy and Business Consulting Sessions with the VP of HR to support in optimizing benefits and organizational development strategies.

Consent Item 11
Consent Item 11
To: Ava Community Energy Authority
From: Trevor Cherr, VP of HR & Office Operations
Subject: Approving a Resolution of the Board of Directors of Ava Community Energy Authority authorizing the CEO to negotiate and execute Amendments to the two Staffing Services Agreements with LHi GROUP, INC.

Date: June 18, 2025
__________________________________________________________________ Summary/Recommendation
Adopt a Resolution that authorizes Amendments to be made to the two Staffing Services Agreements with LHi GROUP, Inc. that would allow for a maximum amount of compensation of $450,000 from July 1, 2025, through June 30, 2026.

Financial Impact
Authorizes compensation not to exceed $450,000 for FY 24/25 across two agreements - $200,000 specifically for Contract/ Temporary Assignment Services and $250,000 specifically for Permanent Placement Services.

Analysis and Context
At the beginning of Ava’s Fiscal Year 2024-2025, the Human Resources team solicited quotes from recruiting service providers in our industry that were likely to have cost structures that fit Ava’s budget. Of the three written quotes received, LHi GROUP, INC. had the greatest level of experience and approach that most closely aligned with Ava’s culture and recruitment needs, and Ava entered into two Agreements, one for Contract/ Temporary Assignment Services and one for Permanent Placement Services.

In May 2025, the Board of Director’s authorized two Amendments to the Agreement with LHi GROUP, Inc. authorizing a total spend of $180,000 for Fiscal Year 24-25 (July 1, 2024 through Consent Item 11
June 30, 2025), $50,000 specifically for Contract/ Temporary Assignment Services and $130,000 specifically for Permanent Placement Services.

LHi GROUP, INC. currently provides talent sourcing, recruiting, and temporary employment and payroll services to Ava. These services are instrumental in the recruitment for Ava’s open positions and ability to provide temporary staffing support. The Human Resources team would like to continue utilizing the services provided by LHi GROUP, INC. with compensation for Fiscal Year 2025-2026 not to exceed $450,000 for both Contract/ Temporary Assignment Services and Permanent Placement Services.

Attachments
A. Resolution
B. Draft Amendment to the Staffing Services Agreement by and Between Ava Community Energy Authority and LHi GROUP, INC. for Contract/ Temporary Assignment Services C. Draft Amendment to the Staffing Services Agreement by and Between Ava Community Energy Authority and LHi GROUP, INC. for Permanent Placement Services Attachment Consent Item 11A
RESOLUTION NO. R-202x-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING

AMENDMENTS TO THE TWO STAFFING SERVICES AGREEMENTS WITH LHi GROUP, INC.

WHEREAS LHi GROUP, INC. currently provides talent sourcing, recruiting, and temporary employment and payroll services to Ava; and
WHEREAS in Fiscal Year 2024-2025, the Human Resources team solicited quotes from recruiting service providers in our industry that were likely to have cost structures that fit Ava’s budget. Of the three written quotes received, LHi GROUP, INC. had the greatest level of experience and aligned approach with Ava’s culture and recruitment needs; and
WHEREAS Ava has utilized the services provided by LHi GROUP, INC. in Fiscal Year 2024-2025. These services have been successful and instrumental in supporting Ava’s staffing needs, and we look forward to continued collaboration; and WHEREAS the Human Resources team would like to continue utilizing the services provided by LHi GROUP, INC. with compensation for Fiscal Year 2025-2026 not exceeding $450,000 for both Contract/Temporary Assignment Services and Permanent Placement Services.

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

Section 1. Authorizes the CEO to negotiate and execute Amendments to the existing Staffing Services Agreements with LHi GROUP, INC, authorizing compensation not to exceed $200,000 specifically for Contract/ Temporary Assignment Services and Attachment Consent Item 11A
compensation not to exceed $250,000 specifically for Permanent Placement Services for the term of July 1, 2025, to June 30, 2026.

ADOPTED AND APPROVED this 18th day of June, 2025.

Jack Balch, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Attachment Consent Item 11B
1 June 2025 Amendment to Staffing Services Agreement by and Between Ava Community Energy Authority and Lehi Group, Inc.

This Amendment to the Agreement with LHi Group, Inc., for Staffing Services (“June 2025 Amendment”) is made this 18th day of June, 2025, by and between the Ava Community Energy Authority, a Joint Powers Agency formed under the laws of the State of California (“Ava”) and LHi Group, Inc., (“LHi Group”) for the purposes of increasing the maximum amount of compensation under this Agreement for the term of July 1, 2025, to June 30, 2026.

Recitals
A. Ava and LHi Group entered into that certain Staffing Services Agreement dated November 7, (“Agreement”), wherein LHi Group agreed to provide Contract/ Temporary Assignment Staffing Services to Ava.

B. Ava and LHi Group entered into that May 2025 Amendment to the Staffing Services Agreement dated May 21, 2025, for the purpose of confirming the maximum amount of compensation under the Agreement would not exceed $50,000 through June 30, 2025.

C. Ava and LHi Group now desire to amend the Agreement for the purpose of increasing the maximum amount of compensation under this Agreement to two hundred fifty thousand dollars ($250,000) of which $200,000 is for Fiscal Year 2025 – 2026 (July 1, 2025, through June 30, 2026).

Now therefore, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Section 3 of the Agreement (“Services and Fees”) is amended in part to include the following: “3.9 Total compensation and fees under this Agreement are not to exceed $250,000 through June 30, 2026.”

2. All other terms and conditions in the Agreement not otherwise modified by this First Amendment will remain in full force and effect.
{Signatures follow on the next page.}
Attachment Consent Item 11B
2 In witness whereof, the Parties have entered this Amendment on the date written above.

Ava Community Energy Authority,
A Joint Powers Authority
Howard Chang
Chief Executive Officer
Date:

Approved as to form:

Ava General Counsel
LHi Group,
A Delaware Company
Name:

Title:

Date:

E-1
Attachment Consent Item 11C
1 June 2025 Amendment to Staffing Services Agreement by and Between Ava Community Energy Authority and LHi Group, Inc.

This Amendment to the Agreement with LHi Group, Inc., for Consulting Services (“June 2025 Amendment”) is made this 18th day of June, 2025, by and between the Ava Community Energy Authority, a Joint Powers Agency formed under the laws of the State of California (“Ava”) and LHi Group, Inc., (“LHi Group”) for the purposes of increasing the maximum amount of compensation under this Agreement for the term of July 1, 2025, to June 30, 2026.

Recitals
A. Ava and LHi Group entered into that certain Staffing Services Agreement dated August 12, 2024 (“Agreement”), wherein LHi Group agreed to provide Permanent Staffing Placement Services to Ava.

C. Ava and LHi Group now desire to amend the Agreement for the purpose of increasing the maximum amount of compensation under this Agreement to three hundred eighty thousand dollars ($380,000) of which $250,000 is for Fiscal Year 2025 – 2026 (July 1, 2025, through June 30, 2026).

Now therefore, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Section 3 of the Agreement (“Services and Fees”) is amended in part to include the following: “3.6 Total compensation and fees under this Agreement are not to exceed $380,000 through June 30, 2026.”

2. All other terms and conditions in the Agreement not otherwise modified by this First Amendment will remain in full force and effect.
{Signatures follow on the next page.}
Attachment Consent Item 11C
2 In witness whereof, the Parties have entered this Amendment on the date written above.

Ava Community Energy Authority,
A Joint Powers Authority
Howard Chang
Chief Executive Officer
Date:

Approved as to form:

Ava General Counsel
LHi Group,
A Delaware Company
Name:

Title:

Date:

E-1
Consent Item 12
Consent Item 12
To: Ava Community Energy Authority
From: Theresa McDermit, Head of Marketing
Subject:

Approving a resolution to execute an amendment to the Consulting Services Agreement with Dakota Press to increase the compensation amount and to extend the term
Date: June 18, 2025
__________________________________________________________________ Summary/Recommendation
Approve a Resolution to increase the compensation amount in the Consulting Services Agreement with Dakota Press to $1,250,000, with $650,000 for the term from July 1, 2025, to June 30, 2026, and extend the term through the next fiscal year to June 30, 2026. This approval will allow for continuation of critical printing services for compliance notifications, and various customer communications.

Financial Impact
This amount has been included in the Fiscal Year 2025/2026 marketing budget as presented to the board for approval in June 2025.

Analysis and Context (with deadlines as applicable)
Through a competitive solicitation in 2023, Ava staff selected San Leandro-based commercial printer Dakota Press, as our primary provider of printing services. Dakota Press is a union shop that offers quality work at reasonable rates.

Consent Item 12
In the next fiscal year, there will be several standard compliance mailers, such as the joint rate mailer, and the power content label mailer. Additionally, notices will be sent to residential customers in Fremont, regarding the default product, transition to Renewable 100, and mass enrollment notifications will be mailed to customers in unincorporated San Joaquin County.

Attachments
A. Resolution of the Board of Directors of Ava Community Energy Authority Authorizing the CEO to Amend the Consulting Services Agreement with Dakota Press to Increase the Compensation and Extend the Term
B. Draft June 2025 Amendment to the Consulting Services Agreement with Dakota Press Attachment Consent Item 12A
RESOLUTION NO. R-2025-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CEO TO

AMEND THE CONSULTING SERVICES AGREEMENT WITH DAKOTA

PRESS TO INCREASE THE COMPENSATION AND EXTEND THE TERM
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 commercial printing needs, including dissemination of two required annual mailers to all customers (Power Content Label and Joint Rate Mailer), as well as enrollment notices (two for new accounts and at least four notices per customer for mass-enrollments, such as unincorporated San Joaquin County), miscellaneous courtesy notices, such as information about Ava customer bill credits, and promotional mailers about Ava programs; WHEREAS Through a competitive solicitation in 2023, Ava staff selected San Leandro-based commercial printer Dakota Press, as our primary provider of printing services. Dakota Press is a union shop, offering quality work at reasonable rates. They have produced excellent quality printed materials and provided outstanding service, during our initial contract term and renewal period;
WHEREAS In February 2025, the board approved an increase in the not to exceed amount by $200,000 to $600,000; and,
WHEREAS in the upcoming Fiscal Year 2025/2026, staff estimates printing costs with Dakota Press will be $650,000 including compliance, notifications and other customer communications.

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

Attachment Consent Item 12A
Section 1. Authorize the CEO to increase the not-to-exceed amount in the Agreement with Dakota Press from $600,000 to $1,250,000 and extend the term from June 30, 2025 to June 30, 2026.

ADOPTED AND APPROVED this 18th day of June 2025.

Jack Balch, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
DRAFT
June 2025 Amendment to the Consulting Services Agreement Ava Community Energy
Authority
Signature: [avaSignerSignature_GhJOK7h]
By: [companySignerName_MRHV0gB]
Date:
(“Effective Date”)
[avaSignerDateField_Vg5fAbu]
Approval as to
Form:
[approverAsToFormSignature_rvV46K3]
Address: 1999 Harrison Street, Suite 2300
Oakland, CA 94612
Notice Emails (all
are required):
[email protected]
[email protected]
Dakota Press, Inc Signature: [counterpartySignerSignature_UWgq0Fa] By: [counterpartySignerName_EbhVgfe]
Date: [counterpartySignerDateField_ATyFKsY]
Notice Attn: Maya Gravel
Notice Address: 14400 Doolittle Drive, San Leandro, California 94577, United States
Notice Email: [email protected]
Agreement Consulting Services Agreement for Services by and Between East Bay Community Energy Authority and Dakota Press, Inc. originally effective as of July 1, 2023
June 2025 template.

This Amendment to the Agreement (“June 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 Dakota Press, Inc (“Consultant”) as of the date executed by Ava (the “Effective Date,” above), for the purposes of amending the Agreement as set forth below.

Recitals
I. Ava and Consultant entered into that certain Consulting Services Agreement for Services by and Between East Bay Community Energy Authority and Dakota Press, Inc. dated July 1, 2023 (“Agreement”), in which the parties agreed that compensation would not exceed $400,000.

II. Ava and Consultant entered into that certain First Amendment to the Consulting Services Agreement on July 1, 2023, to extend the term through June 30, 2025.

III. Ava and Consultant entered into that certain Second Amendment to the Consulting Services Agreement on October 10, 2024 to add additional language regarding confidentiality.

IV. Ava and Consultant entered into that certain Third Amendment to the Consulting Services Agreement on March 24, 2025, to add additional compensation, increasing the not-to-exceed amount by $200,000 for a total amount not to exceed $600,000.
1 Attachment Consent Item 12B
DRAFT
V. Ava and Consultant now desire to amend the Agreement to add additional compensation, increasing the not-to-exceed amount by $650,000, and to extend the term though June 30, 2026.

VI. Ava and Consultant 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 2 of the Agreement (“Term”) is amended to extend the term of the Agreement through June 30, 2026.

2. Section 6.1 of the Agreement (“Compensation and Payment”) is amended in part to increase the total compensation of the Agreement by $650,000 for a total amount not to exceed one million, two hundred fifty thousand dollars ($1,250,000).

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 June 2025 Amendment will remain in full force and effect.
2 Attachment Consent Item 12B
DRAFT
Exhibit E

COMPENSATION/BUDGET
Fees are based on print and mail costs. For all services, Dakota Press, Inc will provide Ava with a written quote by email, subject to Ava approval.

The maximum compensation under this Agreement is not to exceed $1,250,000, $650,000 of which is specifically for the term from July 1, 2025 to June 30, 2026. 3 Attachment Consent Item 12B

Consent Item 13
Consent Item 13
To: Ava Community Energy Authority
From: Theresa McDermit
Subject:

Approving a Resolution to execute an amendment to extend the term of the contract with Chen Design Associates and to increase the compensation amount to $520,000.

Date: June 18, 2025
__________________________________________________________________ Summary/Recommendation
Adopt a Resolution extending the contract with Chen Design Associates for one additional year and increase the overall maximum compensation not to exceed (“NTE”) by $220,000 to $520,000 because Chen provides critical design and execution support for our many projects and programs.

Financial Impact
The proposed $220,000 increase to the NTE is accounted for in the Fiscal Year 25/26 Marketing budget.
• $200,000 NTE for Fiscal Year 24/25
• $100,000 increase to NTE authorized during the March 19 Board of Director’s meeting • (proposed) $220,000 increase in the NTE for Fiscal Year 25/26 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 Consent Item 13
graphic design, photography, videography, and exhibit booth design. We are happy with their work and anticipate needing the capacity they provide us throughout 2025-2026 fiscal year.

The current contract expires June 30, 2025; we seek this extension and attendant NTE increase to ensure our work with Chen continues uninterrupted.

Attachments
A. Resolution Authorizing an Amendment to the Consulting Services Agreement by and Between Ava Community Energy Authority and Chen Design Associates B. Draft Amendment to the Consulting Services Agreement by and Between Ava Community Energy Authority and Chen Design Associates
Attachment Consent Item 13A
RESOLUTION NO. R-202x-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING AN

AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH

CHEN DESIGN ASSOCIATES
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 graphic design needs, including the support of several large local development programs including Ava Bike Electric and a solar and battery storage program;
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 graphic design, photography, videography, and exhibit booth design;
WHEREAS Ava entered into a Consulting Services Agreement with CDA with compensation not to exceed $200,000 through June 30, 2025; WHEREAS In March 2025, the Board approved an increase to the not-to-exceed amount of $100,000 for a total maximum compensation amount of $300,000; and, WHEREAS In the upcoming Fiscal Year 2025/2026, staff estimates graphic design costs with Chen Design Associates will be $220,000, including promotional items, campaign creative, and advertising collateral.

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

Attachment Consent Item 13A
Section 1. Authorize the CEO to extend the contract with Chen Design Associates for one additional year through June 30, 2026, and increase the overall compensation amount by $220,000 for the term July 1, 2025, through June 30, 2026, with total compensation under the agreement not to exceed $520,000.

ADOPTED AND APPROVED this 18th day of June 2025.

Jack Balch, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
1 June 2025 Amendment to the Consulting Services Agreement Ava Community Energy
Authority
Signature: [avaSignerSignature_GhJOK7h]
By: [companySignerName_MRHV0gB]
Date:
(“Effective Date”)
[avaSignerDateField_Vg5fAbu]
Approval as to
Form:
[approverAsToFormSignature_rvV46K3]
Address: 1999 Harrison Street, Suite 2300
Oakland, CA 94612
Notice Emails (all
are required):
[email protected]
[email protected]
Chen Design Associates Signature: [counterpartySignerSignature_UWgq0Fa] By: [counterpartySignerName_EbhVgfe]
Date: [counterpartySignerDateField_ATyFKsY]
Notice Attn: [counterpartySignerName_c36zmsW]
Notice Address: 1212 Broadway, 14th Floor, Oakland, California 94612, United States, Oakland, CA 94612, United States
Notice Email: [counterpartySignerEmail_FS4KYnS]
Agreement Consulting Services Agreement for Services by and Between Ava Community Energy Authority and Chen Design Associates originally effective as of July 18th, 2024.

June 2025 template.

This Amendment to the Agreement (“June 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 Chen Design Associates (“Consultant”) as of the date executed by Ava (the “Effective Date,” above), for the purposes of amending the Agreement as set forth below.

Recitals
I. Ava and Consultant entered into that certain Consulting Services Agreement for Services by and Between Ava Community Energy Authority and Chen Design Associates dated July 18, 2024.April 1, 2025 (“Agreement”), in which the parties agreed that compensation would not exceed $200,000; and II. Ava and Consultant entered into that certain March 2025 Amendment to the Consulting Services Agreement dated July 18, 2024April 1, 2025 to add additional compensation, increasing the not-to-exceed amount by $100,000 for a total amount not to exceed $300,000.

III. Ava and Consultant now desire to amend the Agreement to add additional compensation, increasing the not-to-exceed amount by $220,000 and to extend the term.

IV. Ava and Consultant wish to amend the Agreement as set forth below.

Attachment Consent Item 13B
2 Now therefore, for good and valuable consideration, the amount and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. Section 2 of the Agreement (“Term”) is amended to extend the term of the Agreement through June 30, 2026.

2. Section 6.1 of the Agreement (“Compensation and Payment”) is amended in part to increase the total compensation of the Agreement by $220,000 for a total amount not to exceed five hundred twenty thousand dollars ($520,000]).

3. Exhibit E (“Compensation/Budget”) of the Agreement is replaced in its entirety by Exhibit E, attached hereto.

4. All other terms and conditions in the Agreement not otherwise modified by this June 2025 Amendment will remain in full force and effect.

Attachment Consent Item 13B
3 Exhibit E

COMPENSATION/BUDGET
Compensation under this Agreement will be at the hourly rate of $175 for all Consultant Personnel and authorized Subconsultants.

Such fees do not include: fees for media placement; custom photography or videography; custom illustration; licenses for fonts, music, software or stock imagery; technical support; website domains or hosting; hiring of additional vendors, all of which shall be charged at cost.

The maximum compensation under this Agreement is $520,000, with $220,000 for the term from July 1, 2025, to June 30, 2026, and $300,000 for the term from July 18, 2024 to June 30, 2025.

Consultant shall not be required to provide additional services during the Term once the maximum is reached.

Attachment Consent Item 13B

Consent Item 14
Consent Item 14
To: Ava Community Energy Authority
From: John Perkins, Legal Director
Subject: Legal Services Agreements Approval for Fiscal Year 2025-2026 Date: June 18, 2025
__________________________________________________________________ Summary/Recommendation
Adopt a Resolution authorizing the CEO or designee to negotiate and execute contracts with legal vendors within the legal department budget and Local Development budget, up to $4,113,000 in accordance with the approved budget for Fiscal Year 2025-2026.

Financial Impact
Staff anticipates contract amounts with 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 legal vendors for a total amount not to exceed $4,113,000, as budgeted. For reference, the prior year’s approval was for $3,732,000 for Fiscal Year 2024-2025.

It is likely that the spend for all legal vendors will be less than $4,113,000, 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.

Analysis and Context
Legal services are an essential function that supports all areas of Ava’s operational and strategic priorities. The ability to engage legal counsel as needed, whether through existing relationships or new vendor selection, ensures the legal team can address issues efficiently and with appropriate expertise.

Consent Item 14
Approval of this Resolution will provide the organization with the flexibility needed to manage legal matters responsibly and within the Board-approved budget, while also streamlining the process to avoid unnecessary delays in securing legal support.

The budget presented to the Board of Directors includes a total of $4,113,000 for legal vendors across the legal and Local Development budgets. Staff is seeking approval to contract with law firms including the following:
• Braun Blaising Smith Wynne, working with Ava since 2020 – Policy • Davis Wright Tremaine, working this Ava since 2017 – Power Procurement; Local Development; Marketing; Legal
• Hall Energy Law, working with Ava since 2019 – Power Procurement • Jewell Stewart Pratt Beckerson & Carr, working with Ava since 2024 – Human Resources
• Keyes and Fox , working this Ava since 2017 – Policy (Compliance); Power Procurement; Local Development
• Meyers Nave, working with Ava since June 2022 – Power Resources; Legal • Mouser Law Firm, working with Ava since 2025 – Human Resources • Nixon Peabody, working with Ava since 2017 - Finance; Legal • Richards, Watson and Gershon, working this Ava since 2017 – General Counsel Services; Legal (Commercial Transactions)
• The Law Offices of Joseph F. Wiedman, working this Ava since 2021 – Policy; Legal
• Wilson Sonsini Goodrich Rosati, working this Ava since 2018 – Power Procurement; Local Development
In addition to the firms listed above staff is seeking approval to contract with any new legal vendors identified and selected through Ava’s solicitation process or with an existing relationship with Ava.

Attachments (if applicable)
A. Resolution Authorizing the Chief Executive Officer to Negotiate and Execute Agreements with Selected Law Firms for Fiscal Year 2025-2026 Attachment Consent Item 14A
RESOLUTION NO. R-2025-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHROIZING THE CHIEF

EXECUTIVE OFFICER TO NEGOTIATE AND EXECUTE AGREEMENTS
WITH LEGAL VENDORS FOR FISCAL YEAR 2025-2026
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 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 contracted with the following firms to secure such legal expertise: Braun Blaising Smith Wynne, Davis Wright Tremaine, Hall Energy Law, Jewell Stewart Pratt Beckerson & Carr, Keyes and Fox, Meyers Nave, Mouser Law Firm, Nixon Peabody, Richards, Watson and Gershon, The Law Office of Joseph F.

Weidman, and Wilson Sonsini Goodrich Rosati, and
WHEREAS In April 2025, Ava issued a broad legal services RFP soliciting for legal expertise across various staff functions, including banking facilities matters; lines of credit; interest rate swaps; and bond issuance, bankruptcy (third party), commercial contracting, commercial litigation, employment law, insurance, power procurement, privacy, Public Works, taxation (payroll and retail), trademarks, copyright, and marketing-related matters; and
WHEREAS legal support to Ava for Fiscal Year 2025-2026 will include both ongoing engagements and engagement with new vendors and requires timely vendor selection and authorization; and
WHEREAS the approved budget for Fiscal Year 2025-2026 included $4,113,000 for legal services across the legal department budget and the Local Development Budget.

Attachment Consent Item 14A

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 any necessary Amendments for one-year terms with firms providing legal services.

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 $4,113,000 through June 30, 2026.

ADOPTED AND APPROVED this 18th of June, 2025.

Jack Balch, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Consent Item 15
Consent Item 15
To: Ava Community Energy Authority
From: Courtney Wall, Power Resources Manager
Subject: Approving a Resolution Authorizing the Chief Executive Officer to Negotiate and Execute a Third Amendment to the Resource Adequacy Confirmation Letter with IP Aramis, LLC
Date: June 18, 2025
__________________________________________________________________ Summary/Recommendation
Adopt a Resolution of the Board of Directors (“Board”) of Ava Community Energy (“Ava”) Authorizing the Chief Executive Officer (“CEO”) to Negotiate and Execute a Third Amendment to the Resource Adequacy Confirmation Letter with IP Aramis, LLC (“Seller”) Financial Impact
Exact final costs are challenging to quantify, as the final pricing is indexed to the final import tariffs levied against the battery cells at the time of import.

Analysis and Context
Ava executed a Resource Adequacy Confirmation Letter with the Seller on November 20, 2020, in accordance with the Master Power Purchase and Sale Agreement between Seller and Ava dated November 20, 2020, as amended by the First Amendment to the Confirmation Letter, dated September 3, 2021, and as amended by the Second Amendment to the Confirmation Letter, dated March 10, 2025 (collectively, the Energy Storage Agreement, “ESA”).

The IP Aramis, LLC project is a 100-megawatt (“MW”) capacity solar and 100 MW battery energy storage system (“BESS”) located in Ava’s service territory in Alameda County. Ava is contracted for 25 MW of Resource Adequacy from the BESS with a 10-year delivery term Consent Item 15
(“Project”). The Project plans to become operational by January 1, 2027, and the developer is Intersect Power. The original Project was evaluated during Ava’s CA Renewable Energy Request for Proposals (“RFP”), launched in June 2018, and the ESA was approved for execution during Ava’s Board of Directors meeting on November 18, 2020.

The Project has encountered numerous challenges during development, which have been resolved through diligent efforts by the Seller. In addition to the challenges during development, construction is now impacted by the changes in import tariff rates, which affect BESS materials.

These unplanned and additional Project costs are straining the economics of the Project, and as a result, construction is not possible without amending the ESA. This could potentially result in Ava losing a Project within its service territory. To mitigate this risk, the Seller approached Ava in 2025 requesting a price adjustment. Ava and the Seller negotiated a price adjustment to reach a balance between maintaining Ava customers’ benefits from the Project relative to market pricing and providing increased revenue, allowing the Seller to move forward with construction of the Project. As a result of these negotiations, the Amendment adjusts the ESA’s price to raise or lower relative to the amount of the Seller’s additional import tariff costs exclusively for the battery cells that comprise the Project. Additionally, the Seller agrees to a cap on the price increase, a cost demonstration justifying the final levied import tariff costs, and the provision of a certification by an Independent Engineer validating the accuracy of the cost directly caused by import tariffs to the Project.

The amended ESA will remain competitive in today’s market and includes protections for Ava customers against future tariff risks. When constructed, the Project will benefit Ava customers with a localized reliability instrument located in Ava’s service territory.

Ava is asking the Board to Authorize the Chief Executive Officer (“CEO”) to continue these negotiations, and when complete, execute an Amendment that is beneficial to Ava customers.

Attachments (if applicable)
A. Resolution of the Board of Directors of Ava Community Energy Authorizing the Chief Executive Officer to Negotiate and Execute a Third Amendment to the Resource Adequacy Confirmation Letter with IP Aramis, LLC
Attachment Consent Item 15A
RESOLUTION NO. R-202x-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY AUTHORIZING THE CHIEF

EXECUTIVE OFFICER TO NEGOTIATE AND EXECUTE A THIRD

AMENDMENT TO THE RESOURCE ADEQUACY CONFIRMATION LETTER

WITH IP ARAMIS, LLC
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 executed a Resource Adequacy Confirmation Letter with IP Aramis, LLC (“Seller”) on November 20, 2020, in accordance with the Master Power Purchase and Sale Agreement between Ava and the Seller and dated November 20, 2020, collectively the Energy Storage Agreement (“ESA”), as amended by the First Amendment to the Confirmation Letter, dated September 3, 2021, and as amended by the Second Amendment to the Confirmation Letter, dated March 10, 2025; and WHEREAS The ESA is for 25-Megawatts (“MW”) of Firm Resource Adequacy from a 100 MW Solar and Storage Project in North Livermore, California, with an expected Delivery Start Date of January 1, 2027; and
WHEREAS Ava has negotiated with the Seller to adjust the price to raise or lower with additional costs caused by changes to import tariffs.

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

Section 1. The Chief Executive Officer, in consultation with staff and legal counsel, is hereby authorized to negotiate and execute a Third Amendment to the Resource Adequacy Confirmation Letter with IP Aramis, LLC.

Attachment Consent Item 15A
ADOPTED AND APPROVED this 18th day of June, 2025.

Jack Balch, Chair
ATTEST:

Adrian Bankhead, Clerk of the Board
Consent Item 16

Consent Item 16
To: Ava Community Energy Authority
From: Howard Chang, CEO
Subject:

A Resolution of the Board of Directors of Ava Community Energy Authority for approving a purchase agreement for office furniture for Ava’s headquarters.

Date: June 18, 2025
__________________________________________________________________ Summary/Recommendation
This memo proposes purchasing furniture as part of the Tenant Improvement (TI) work being done in the Ava office to furnish additional meeting spaces, provide more desks for staff, and overall make the office more functional as the agency continues to grow.

Financial Impact
If approved, this allows for a $350,000 NTE for this one-time purchase of office furniture and related costs. There is a strong likelihood that Ava will be able to get part of this cost reimbursed because the TI provision of our lease allows us to apply unused TI funds to other costs. As of the date of this Staff Report, our cost estimates indicate that we will be able to be reimbursed for slightly over $150,000 from unsued TI funds from the lease agreement.

Analysis and Context (with deadlines as applicable)
As part of Ava’s lease agreement for the 23rd floor at 1999 Harrison, the agency has funds available to use to make improvements in the office. Given that Ava signed a 10- year lease for this office space, staff took 18 months to build a Tenant Improvement (TI) plan with input from employees, engineers, architects, and construction project managers that addresses what is needed most to make the Ava office a more functional space as the agency grows. With the build out of more meeting spaces, as well as Consent Item 16
projected increase in staff numbers, new furniture is needed to furnish the additional conference rooms and support the expanding functional teams. Ava contracted with Insidesource in the winter of 2023 after vetting other furniture companies via the Administrative Procurement Policy. Insidesource provided a quality product for the best price and met our various contractual requirements (e.g. prevailing wage, insurance, etc.), so it made sense to engage with them again for this furniture purchase.

Additionally, staff audited and inventoried existing furniture and reallocated as many items as possible before deciding on new purchases (e.g. chairs, conference tables, desks, etc.) Due to a provision in our lease agreement, if there are any leftover TI funds once construction is final in September of 2025, those monies can be used to reimburse the cost of this furniture purchase. The addition of this furniture will help make the Ava office a better space for collaboration, meetings, and staff growth for the remainder of this decade long lease.

Attachments
A. Resolution
B. Draft Purchase Agreement Between Ava Community Energy Authority and Inside Source Washington, Inc.

Attachment Consent Item 16A
RESOLUTION NO. R-202x-XX

A RESOLUTION OF THE BOARD OF DIRECTORS

OF AVA COMMUNITY ENERGY AUTHORITY FOR APPROVING A

RESOLUTION TO EXECUTE A PURCHASE AGREEMENT FOR OFFICE
FURNITURE FOR AVA’S HEADQUARTERS
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 seeks to purchase additional furniture as part of the Tenant Improvement work being done in the Ava office to furnish additional meeting spaces, provide more desks for staff, and overall make the office more functional as the agency continues to grow;

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

Section 1. Authorizes the CEO to negotiate and execute a Purchase Agreement with Inside Source Washington, Inc. for office furniture and related labor costs with total compensation not to exceed $350,000.

ADOPTED AND APPROVED this 18th day of June 2025.

Jack Balch, Chair
Attachment Consent Item 16A
ATTEST:

Adrian Bankhead, Clerk of the Board
Proposal

INSIDESOURCE
300 Elliott Ave W
Suite 300
Seattle, WA 98119
Phone: (206) 448-7333
Fax: (206) 448-7338
Web: www.insidesource.com
Order Number 58195
Date 06/06/2025
Customer PO No
Customer Name AVA COMMUNITY ENERGY
Salesperson Susan Stinnett
Project Number
Terms 50% DOWN, NET 30

Page 1 ends

9 T
O

EAST BAY COMMUNITY ENERGY AUTHORITY
1999 HARRISON ST STE 2300
OAKLAND, CA 94612
ATTN: JASON BARTLETT
Phone: 510 650 7584
Email: [email protected]
S
H
I
P
T
O

AVA COMMUNITY ENERGY
1999 HARRISON ST STE 2300
OAKLAND, CA 94612
ATTN: MEAGAN SMITH
Phone: 510 560 3755
Email: [email protected]
Prepared for : Susan Stinnett
Line Quantity Description Unit Price Extended
Amount
1 1.00
Each

CLARUS GLASSBOARDS, LLC
CU--CU-MG-MG-WH-WH-Glass Mount Type-FC-H-48x96
Claro Ultraglass
OPTION: CU-MG:Magnetic
OPTION: MG:Magnetic
OPTION: WH:Whiteboard
OPTION: WH:Whiteboard
OPTION: Glass Mount Type:Glass Mount Type
OPTION: FC:Z-Bar Mount
OPTION: H:Horizontal
OPTION: 48x96:48x96
831.17 831.17
2 2.00
Each

ALLSTEEL
VERHNO--.S-$(1)-.SNBLE-43-$(1)-.SNBLE-43
Retreat High back chair
OPTION: .S:Swivel
OPTION: $(1):Grade 1 Uph
OPTION: .SNBLE:Noble Seating
OPTION: 43:Windy Day
OPTION: $(1):Grade 1 Uph
OPTION: .SNBLE:Noble Seating
OPTION: 43:Windy Day
2,690.49 5,380.98
3 2.00
Each

ALLSTEEL
MLM18--$(L1STD)-.LWFE-.FE-.P7A
Recharge Laptop Table
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LWFE:Field Elm
OPTION: .FE:Field Elm
OPTION: .P7A:Textured Flint
521.71 1,043.42
4 1.00
Each

KIMBALL OFFICE, INC
N95MCTP--X-2-11919
SWIFT,3 SEAT LOUNGE,ARMLESS,16.25 SEAT HGT,PLINTH BASE
OPTION: X:NO GANGING
OPTION: 2:GRADE 2
OPTION: 11919:DOLCE ECRU
2,532.53 2,532.53
5 1.00
Each

KIMBALL OFFICE, INC
88NA243616TPRLW--STD-YO-462
WIXLER, 24DX36WX16H, TABLE, PEAR, HPL
OPTION: STD:STANDARD LAMINATE
OPTION: YO:MONTEREY
OPTION: 462:CINDER
1,199.54 1,199.54
6 1.00 KIMBALL OFFICE, INC 1,218.01 1,218.01
Attachment Consent Item 16B
Proposal

Page 2 ends

9 Each 88NA243618TPRLW--STD-461-462
WIXLER, 24DX36WX18H, TABLE, PEAR, HPL
OPTION: STD:STANDARD LAMINATE
OPTION: 461:GRAPHITE
OPTION: 462:CINDER
7 3.00
Each

KIMBALL OFFICE, INC
C02PLN0201

VERNITA, PLANTER, MEDIUM, CINDER
254.21 762.63
8 6.00
Each

HON INDUSTRIES
HFSS74LWD--$(1)-.EMP-04-.LE599-.P7A
Flock Bar Stool 4-Leg Wood Leg
OPTION: $(1):Grade 1 Uph
OPTION: .EMP:Emphasis
OPTION: 04:Fog
OPTION: .LE599:Field Elm
OPTION: .P7A:Textured Charcoal
687.74 4,126.44
9 4.00
Each

HON INDUSTRIES
HFCG6WD--$(1)-.EMP-04-.LE599
Flock Guest Chair Wood Leg
OPTION: $(1):Grade 1 Uph
OPTION: .EMP:Emphasis
OPTION: 04:Fog
OPTION: .LE599:Field Elm
581.61 2,326.44
10 1.00
Each

HON INDUSTRIES
HTLC4272LCTFP--.N-$(L1STD)-.LDW1-$(L1STD)-.LDW1-$
(L1STD)-.LDW1-.DW
Presd 42Wx72L Seat HT non-pwrd Collb Tbl w/full mod
OPTION: .N:No Grommets
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LDW1:Designer White 15051
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LDW1:Designer White 15051
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LDW1:Designer White 15051
OPTION: .DW:Designer White
843.17 843.17
11 1.00
Each

HON INDUSTRIES
HTLC4296HCTFP--.N-$(L1STD)-.LDW1-$(L1STD)-.LDW1-$
(L1STD)-.LDW1-.DW
Presd 42Wx96L Cafe HT non-pwrd Collb Tbl w/full mod
OPTION: .N:No Grommets
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LDW1:Designer White 15051
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LDW1:Designer White 15051
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LDW1:Designer White 15051
OPTION: .DW:Designer White
1,138.62 1,138.62
12 1.00
Each

ALLSTEEL
AMPTLF2436RT--.X-$(L1STD)-.LDW1-.FE-.C0
Structure 24" X 36" Racetrack Top Lam SqrEdge
OPTION: .X:Standard Wood
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LDW1:Designer White 15051
OPTION: .FE:Field Elm
198.31 198.31
Attachment Consent Item 16B
Proposal

Page 3 ends

9 OPTION: .C0:No Cutout
13 1.00
Each

ALLSTEEL
AMPTLF3672CH--.X-$(L1STD)-.LWFE-.FE-.C0
Structure 36x72 Chevron Top Lam - Sqr Edge
OPTION: .X:Standard Wood
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LWFE:Field Elm
OPTION: .FE:Field Elm
OPTION: .C0:No Cutout
469.09 469.09
14 3.00
Each

ALLSTEEL
AMPTPS26M--$(P1)-.PK7
Structure SqrPed Base Med. Continental Height
OPTION: $(P1):P1 Paint Grade
OPTION: .PK7:Textured Designer White
432.86 1,298.58
15 1.00
Each

HON INDUSTRIES
HCWPT--$(L1STD)-.LWFE-.DW-$(P1)-.PK7
15" x 17" Personal Table
OPTION: $(L1STD):Grd L1 Standard Laminate
OPTION: .LWFE:Field Elm
OPTION: .DW:Designer White
OPTION: $(P1):P1 Paint Opts
OPTION: .PK7:Designer White Texture
220.45 220.45
16 3.00
Each

KIMBALL OFFICE, INC
N49GMNSC1--1-15257-C3

GRIN, LOUNGE, LOW-PROFILE BASE, MOBILE, NO STITCH NO PIPING OPTION: 1:GRADE 1
OPTION: 15257:SCHOFIELD SPECK
OPTION: C3:HARD DUAL WHEEL,BLACK
882.38 2,647.14
17 1.00
Each

KIMBALL OFFICE, INC
N86BS1CX--3-41335-1-11509-461-STD

EKLUND, BENCH, STARTER, CENTER, CONTRAST
OPTION: 3:GRADE 3
OPTION: 41335:SILVERTEX STERLING
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 461:METAL,GRAPHITE
OPTION: STD:STANDARD HARD GLIDE
981.79 981.79
18 1.00
Each

KIMBALL OFFICE, INC
N86LACNMPX--1-15257-1-11509-1-11509-3-41335-1-11509-461-461-STD

EKLUND, LOUNGE, ADD-ON, CORNER, ARMLESS, PRIVACY, CONTRAST OPTION: 1:GRADE 1
OPTION: 15257:SCHOFIELD SPECK
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 3:GRADE 3
OPTION: 41335:SILVERTEX STERLING
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 461:GRAPHITE
OPTION: 461:METAL,GRAPHITE
OPTION: STD:STANDARD HARD GLIDE
2,361.69 2,361.69
19 3.00 KIMBALL OFFICE, INC 1,664.88 4,994.64
Attachment Consent Item 16B
Proposal

Page 4 ends

9 Each N86LA1MPX--1-15257-1-11509-1-11509-3-41335-1-11509-461-461-STD EKLUND, LOUNGE, ADD-ON, 1 SEAT, ARMLESS, PRIVACY, CONTRAST OPTION: 1:GRADE 1
OPTION: 15257:SCHOFIELD SPECK
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 3:GRADE 3
OPTION: 41335:SILVERTEX STERLING
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 461:GRAPHITE
OPTION: 461:METAL,GRAPHITE
OPTION: STD:STANDARD HARD GLIDE
20 1.00
Each

KIMBALL OFFICE, INC
N86LE1LPX--1-15257-1-11509-1-11509-3-41335-1-11509-461-461-STD EKLUND, LOUNGE, END, 1 SEAT, LEFT ARM, PRIVACY, CONTRAST OPTION: 1:GRADE 1
OPTION: 15257:SCHOFIELD SPECK
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 3:GRADE 3
OPTION: 41335:SILVERTEX STERLING
OPTION: 1:GRADE 1
OPTION: 11509:VESSEL STONE
OPTION: 461:GRAPHITE
OPTION: 461:METAL,GRAPHITE
OPTION: STD:STANDARD HARD GLIDE
1,798.84 1,798.84
21 4.00
Each

HON INDUSTRIES
HLSL2060LD0--$(L1STD)-.LWFE
Low credenza open: 20x60x21.5
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LWFE:Field Elm
716.36 2,865.44
22 8.00
Each

HON INDUSTRIES
HLSL2030CH2--$(1)-.EMP-04
Cred Cushion: 20x30x1
OPTION: $(1):Grd 1 Uph
OPTION: .EMP:Emphasis
OPTION: 04:Fog
254.54 2,036.32
23 1.00
Each
ENWORK
SF36168--A-5-N
Rounded Rectangle Top 36"D x 168"W, 2-pieces
OPTION: A:Standard Laminate - 3mm Edge
OPTION: 5:Formica Pale Brushstroke (6997-58)
OPTION: N:No Cable Management
OPTION: :Laminate
905.46 905.46
24 3.00
Each
ENWORK

LQTCT--N-W
Sawhorse Conference Table Legs for 36"D - 60"D Table, Levelers, package of two individual legs for one table end
OPTION: N:No Routing Holes
257.09 771.27
Attachment Consent Item 16B
Proposal

Page 5 ends

9 OPTION: W:Arctic White
25 12.00
Each
KI/AGI
LL2200---NFR-/PWG-/CH-/UCCO-/NFR-GRPP1-ADELE-/27.243.082.P LimeLite Four Leg Armless Chair with Casters, Uph Seat/Poly Back OPTION: -NFR:Compliance to TB 117-2013
OPTION: /PWG:Warm Grey
OPTION: /CH:Chrome
OPTION: /UCCO:Dual surface casters, Cottonwood
OPTION: /NFR:Compliance to TB 117-2013
OPTION: GRPP1:Pallas Fabric Group P1
OPTION: ADELE:ADELE
OPTION: /27.243.082.P:PAVEMENT
397.98 4,775.76
26 1.00
Each
ENWORK
WC54132--A-W-D
Wedge Top 54"D x 132"W, 2-pieces (36"D2/54"D1)
OPTION: A:Standard Laminate - 3mm Edge
OPTION: :Laminate
OPTION: W:Formica Brite White (459-58)
OPTION: D:Two Pwr/Data Cut-outs, Between Outer Bases
1,026.56 1,026.56
27 2.00
Each
ENWORK
PDE422--1-AR
Ellora Double, 4 pwr/2 data openings/2 USB A+C, cutout 9.81" x 8.0" OPTION: 1:Daisy-Chain, Circuit 1
OPTION: AR:Clear Aluminum w/ Black Interior
701.46 1,402.92
28 1.00
Each
ENWORK
A1BPS72
Base Power Infeed for Right Angle(RA) Plug Circuit 1(only), 20 Amp plug, 72" 123.27 123.27
29 1.00
Each
ENWORK

PDEJUMPXX
Jumper for connecting 2 Ellora, or Alexander Units, pkg of 1 (Length determined by Enwork)

66.55 66.55
30 2.00
Each
ENWORK
PDGR
Universal Cable Gripper, 5 openings

13.45 26.90
31 3.00
Each
ENWORK

LQTCT--N-G
Sawhorse Conference Table Legs for 36"D - 60"D Table, Levelers, package of two individual legs for one table end
OPTION: N:No Routing Holes
OPTION: G:Storm
257.09 771.27
32 1.00
Each
ENWORK
SF72216--K-5-E
Rounded Rectangle Top 72"D x 216"W, 4-pieces
OPTION: K:Standard Laminate - Knife Edge
OPTION: :Laminate
OPTION: 5:Formica Pale Brushstroke (6997-58)
OPTION: E:Three Pwr/Data Cut-outs, Between Bases
3,497.13 3,497.13
33 1.00
Each
ENWORK
LNRA72216--A-W
Ligouri Conference Base, 29"H, for 72"D x 216"W Rect. Top OPTION: A:Polished Aluminum
OPTION: W:White Paint on Ash
5,358.60 5,358.60
34 3.00 ENWORK 701.46 2,104.38
Attachment Consent Item 16B
Proposal

Page 6 ends

9 Each PDE422--1-AW
Ellora Double, 4 pwr/2 data openings/2 USB A+C, cutout 9.81" x 8.0" OPTION: 1:Daisy-Chain, Circuit 1
OPTION: AW:Clear Aluminum w/ White Interior
35 1.00
Each
ENWORK
A1BP72
Base Power Infeed for Right Angle(RA) Plug Circuit 1(only), 20 Amp plug, 72" 123.27 123.27
36 2.00
Each
ENWORK

PDEJUMPXX
Jumper for connecting 2 Ellora, or Alexander Units, pkg of 1 (Length determined by Enwork)

66.55 133.10
37 3.00
Each
ENWORK
PDGR
Universal Cable Gripper, 5 openings

13.45 40.35
38 14.00
Each
N9NE FURNITURE GROUP-SAC
21621

MID BK TILTER CHAIR- BLACK MESH
231.68 3,243.52
39 2.00
Each
ENWORK
WC4896--A-W-K
Wedge Top 48"D x 96"W, 1-piece (36"D2/48"D1)
OPTION: A:Standard Laminate - 3mm Edge
OPTION: :Laminate
OPTION: W:Formica Brite White (459-58)
OPTION: K:One Pwr/Data Cut-out, Centered
526.55 1,053.10
40 2.00
Each
ENWORK
PDE211--C-AR
Ellora Single, 2 pwr/1 data opening/1 USB A+C, cutout 5.0" x 8.0" OPTION: C:6' Power Cord
OPTION: AR:Clear Aluminum w/ Black Interior
362.19 724.38
41 4.00
Each
ENWORK

LQTCT--N-G
Sawhorse Conference Table Legs for 36"D - 60"D Table, Levelers, package of two individual legs for one table end
OPTION: N:No Routing Holes
OPTION: G:Storm
257.09 1,028.36
42 3.00
Each
ENWORK
PDGR
Universal Cable Gripper, 5 openings

13.45 40.35
43 1.00
Each

HON INDUSTRIES
HCTRECT2472--.N-$(L1STD)-.S-.S
Arrange Table 24" x 72" Rectangle Top
OPTION: .N:No Grommet
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .S:Charcoal
OPTION: .S:Charcoal
282.27 282.27
44 1.00
Each

HON INDUSTRIES
HCT36ST--$(P1)-.P7A
Arrange Cnter Hght T-legs for 24D Srfc - 2 bases
OPTION: $(P1):P1 Paint Opts
OPTION: .P7A:Textured Charcoal
474.99 474.99
45 2.00
Each
OFS BRANDS, INC.

MTGRM-PRO-LIGHT-D
23,996.04 47,992.08
Attachment Consent Item 16B
Proposal

Page 7 ends

9 Meeting Room, Pro, Light
46 2.00
Each
OFS BRANDS, INC.

U-ROOMS-SEISMIC-D
Room S Seismic Kit (Room S)
467.31 934.62
47 13.00
Each
OFS BRANDS, INC.

R-PHBTH-LIGHT-D
Room, Phone Booth, Light
6,639.06 86,307.78
48 13.00
Each
OFS BRANDS, INC.

U-PB-SEISMIC-D
Phone booth Seismic Kit (PB)
155.77 2,025.01
49 13.00
Each

DESIGN PUBLIC GROUP
NCP-609121
Form Bar Stool - Metal Legs
OPTION: :Light Grey
269.48 3,503.24
50 2.00
Each

ALLSTEEL
U6HK2HC--$(P1)-.P02
Further Hub - High Capacity Hub to 2 Beam
OPTION: $(P1):P1 Paint Opts
OPTION: .P02:Flint
441.24 882.48
51 1.00
Each

ALLSTEEL
UN6B84M--$(P1)-.P02
Further 84 " Beam Trim for Mounting
OPTION: $(P1):P1 Paint Opts
OPTION: .P02:Flint
161.30 161.30
52 1.00
Each

ALLSTEEL
UN6B84P--$(P1)-.P02
Further 84 " Beam with Power Ports
OPTION: $(P1):P1 Paint Opts
OPTION: .P02:Flint
434.52 434.52
53 1.00
Each

ALLSTEEL
UN6B96M--$(P1)-.P02
Further 96 " Beam Trim for Mounting
OPTION: $(P1):P1 Paint Opts
OPTION: .P02:Flint
168.02 168.02
54 1.00
Each

ALLSTEEL
UN6B96P--$(P1)-.P02
Further 96 " Beam with Power Ports
OPTION: $(P1):P1 Paint Opts
OPTION: .P02:Flint
492.08 492.08
55 4.00
Each

ALLSTEEL
UN6SWMC42--$(P1)-.P02
Further Wire Mgr 42W - Single Sided
OPTION: $(P1):P1 Paint Opts
OPTION: .P02:Flint
144.94 579.76
56 2.00
Each

ALLSTEEL
U6BC2048F--$(A)-.NBLE-43-$(P1)-.P02-$(P1)-.P02
Further 20.5Hx48W Beam Center Screen - Fabric
OPTION: $(A):GrdA Fab
OPTION: .NBLE:Noble
OPTION: 43:Windy Day
OPTION: $(P1):P1 Paint Opts
OPTION: .P02:Flint
340.13 680.26
Attachment Consent Item 16B
Proposal

Page 8 ends

9 OPTION: $(P1):P1 Paint Opts
OPTION: .P02:Flint
57 1.00
Each

ALLSTEEL
UN8K84--.P
Further 84" Power Kit
OPTION: .P:Black
267.37 267.37
58 1.00
Each

ALLSTEEL
UN8K96--.P
Further 96" Power Kit
OPTION: .P:Black
338.67 338.67
59 1.00
Each

ALLSTEEL
UN87J16--.P
Further Beam to Beam Connector
OPTION: .P:Black

46.46 46.46
60 3.00
Each

ALLSTEEL
SPLA-TP-PELEC-BYR--.M490934-.E9
Further Duplex Receptacles Circuit 1 CONTROLLED
OPTION: .M490934:SPL UN87U501
OPTION: .E9:Flint

22.83 68.49
61 2.00
Each

ALLSTEEL
SPLA-TP-PELEC-BYR--.M490935-.E9
Further Duplex Receptacles Circuit 2 CONTROLLED
OPTION: .M490935:UN87U502
OPTION: .E9:Flint

22.83 45.66
62 3.00
Each

ALLSTEEL
UN87U506--.E9
Further Duplex Receptacles Circuit 3 (2+2)
OPTION: .E9:Flint

20.75 62.25
63 2.00
Each

ALLSTEEL
UN87U504--.E9
Further DuplexReceptacleCircuit 4 iso/dedicated
OPTION: .E9:Flint

20.75 41.50
64 8.00
Each

ALLSTEEL
A6REC2S2LTF--$(P1)-.P8L-.X-.MEM
A6 2 Stage 2 Leg Rectangle T Foot
OPTION: $(P1):P1 Paint Opts
OPTION: .P8L:Nickel
OPTION: .X:Standard Glide
OPTION: .MEM:Memory Preset
392.15 3,137.20
65 8.00
Each

ALLSTEEL
AF5RS6024D--$(L1STD)-.LDW1-.DW-.G0
60Wx24D Rect Lam FlatEdge WorkSurface w Stiffener
OPTION: $(L1STD):Grd L1 Standard Laminates
OPTION: .LDW1:Designer White 15051
OPTION: .DW:Designer White
OPTION: .G0:No Grommet
182.58 1,460.64
66 8.00
Each

ALLSTEEL
AJTRGH24--$(P1)-.P8T
24" Cable Management Tray
OPTION: $(P1):P1 Paint Opts
OPTION: .P8T:Titanium

31.42 251.36
67 1.00
Each
KIMBALL OFFICE, INC 1,387.25 1,387.25
Attachment Consent Item 16B
Proposal

Page 9 ends

9 TARIFF
Surcharge
68 1.00
Each

DESIGN PUBLIC GROUP
TARIFF
Surcharge
210.19 210.19
69 1.00
Each
KI/AGI
TARIFF
Surcharge
103.83 103.83
70 1.00
Job

INSIDESOURCE

TARIFF DISCLAIMER
Tariff Price Change Agreement
Prices provided are based on the current regulatory environment as of the issuance date. If new tariffs, surcharges, duties, or other government-imposed fees are enacted, or existing ones are modified after the issuance date, Insidesource reserves the right to adjust prices to account for these changes, and Client agrees to pay such adjusted prices. This agreement supersedes anything to the contrary in any written or verbal agreement between the Parties.

Any price adjustments will be communicated in writing with supporting documentation outlining the specific impact of the change. Insidesource is committed to transparency and will work in good faith to mitigate any cost increases where feasible.

0.00 0.00
71 1.00
Each

CLARUS GLASSBOARDS, LLC

FREIGHT
Shipping
324.67 324.67
72 1.00
Each
N9NE FURNITURE GROUP-SAC

FREIGHT
Shipping
117.95 117.95
73 1.00
Each

DESIGN PUBLIC GROUP

FREIGHT
Shipping
578.03 578.03
74 1.00
Each
SERVICE WEST, INC.

LABOR SERVICES
To receive, deliver, and install new furniture per plan before/after normal business hours (includes weekend work). Includes design and project management services. Includes reconfiguring an 8-pack, 120 degree cluster to remove (2) 120 degree desks and add 8 rectilinear desks. Includes seismic bracing for phone booths. Does not include relocating existing furniture.

Assumes area will be free and clear for new furniture placement. 93,620.00 93,620.00
Order Sub-Total : $315,471.67

10.2500%-OAKLAND-94612-4731-ALAMEDA : $32,335.85
TOTAL ORDER : $347,807.52
Required Deposit 50.00% : $173,903.76

PLEASE REVIEW THIS QUOTATION AND NOTIFY US PROMPTLY OF ANY CORRECTIONS REQUIRED THANK YOU FOR THE OPPORTUNITY TO BE OF SERVICE Signature: _________________________Name:_______________________ Title:___________________ Date: ___________ Attachment Consent Item 16B

Staff Report Item 17
Staff Report Item 17
To: Ava Community Energy Authority
From: Russell Mills, SVP and CFO
Subject: Approval of Prepay Financings #4&5
Date: June 18, 2025
__________________________________________________________________ Summary/Recommendation
Adopt a Resolution authorizing the execution and delivery of a Prepaid Energy Agreement, a Master Power Supply Agreement, a Project Administration Agreement, a PPA Custodial Agreement, and certain other documents in connection with the issuance of California Community Choice Financing Authority (“CCCFA”) Clean Energy Project Revenue bonds to enable Ava to enter into its fourth and fifth energy prepayment transactions.

Background and Discussion
Commodity Prepay Financings are a unique financing structure giving tax-exempt entities that sell commodities to end-use customers a mechanism to provide more affordable energy through savings received by the energy recipient for buying the power through long-term contracts.

These are complex transactions with several entities. At a minimum, an energy recipient, a commodity supplier, and a conduit bond issuer are involved. The conduit issuer is necessary to provide legal separation to both the supplier and recipient from the issuing entity.

Ava has executed three prepay transactions in the past, including the first ever CCA prepay in 2021, and then subsequent transactions in 2022 and 2023. Many of the CCA’s in California have utilized this structure to provide discounted power and further enable a value proposition for CCA customers. The bonds have been sold through the California Community Choice Financing Authority (CCCFA) as a conduit issuer, which was initially set up to enable these transactions. The benefits received for Ava and its customers are derived from the lower cost of funding from tax-exempt financing that is provided to the supplier than what they would receive Staff Report Item 17
from taxable markets and their own internal cost of capital. The energy recipient commits to buying a commodity over a long term and receives a discount to the contracted or market price throughout the term, lowering current and future energy costs.

After holding an RFQ in April, staff selected Morgan Stanley (MS) for its 4th prepay and Goldman Sachs (Goldman) for its 5th prepay. Both firms have substantial CCA Prepay experience and competitive cost structures. Staff opted to utilize MS for the 4th prepay to take advantage of efficiencies that were developed and memorialized by contract amendments with MS during the third prepay process in 2023. That said, staff opted to go with Goldman for the 5th prepay transaction to help mitigate risks associated with using one counterparty as the energy supplier over multiple transactions. A transaction with Goldman will largely look the same as with MS, with the use of Goldman as the energy supplier will help to diversify the risk to Ava related to unforeseen supplier issues.

Staff also determined to utilize a competitive process to choose the funding recipient. This new process improves economics by creating better credit risk diversification for investors and will enhance the savings potential obtained when bonds are sold.

Additional information about this complex structure was presented to the Board in April and with the Finance Administrative and Procurement Committee in May and the Executive Committee in June. Assuming the Board of Directors supports staff’s recommendation, the transaction will be presented to the CCCFA Board later in June for its approval before bond sales would occur.

The details of the requested board approval are as follows:

Adopt the Resolution which authorizes Ava to sign:
• Power Supply Contract with CCCFA (Issuer)
• Letter Agreement Regarding PPA Assignments with Morgan Stanley and Goldman Sachs (Prepay Suppliers) with Form of Limited Assignment Agreements with Morgan Stanley & Goldman Sachs and future PPA sellers
• Project Administration Agreement with CCCFA (Issuer)
• PPA Payments Custodial Agreements with Morgan Stanley and BONY, & Goldman Sachs and BONY
• Cost Share Memorandum of Understandings (MOUs), by and between Ava, CCCFA and the Prepaid Supplier; and
The approval provided shall be subject to the following parameters:
(a) no more than two total prepayment transactions will be completed on behalf of Ava pursuant to the authorizations granted by the Resolution; (b) the Bonds will not be obligations of Ava, but will be limited obligations of the Issuer payable solely from the revenues and other amounts pledged therefor under each Indenture, including amounts payable by Ava under the Power Supply Contract(s) and/or the Clean Energy Purchase Contract(s), respectively; Staff Report Item 17
(c) the aggregate principal amount of each series of Bonds shall not exceed $1,250,000,000 per series issued;
(d) the “Monthly Discount” and “Minimum Discount” as provided for in a Power Supply Contract for any MS Project shall be at least 8.0% of the fixed cashflows or equivalent $ per MWh; and
(e) the “Monthly Discount Percentage” as provided for in a Clean Energy Purchase Contract shall result in at least an average annual savings of 8.0% during the Initial Reset Period (as such term is defined in such Clean Energy Purchase Contract).

Financial Impact
The purpose of pursuing the prepay transaction is to achieve meaningful energy procurement cost savings. These transactions are targeting an 8-12% discount at the outset, which translates to approximately $3-4MM of annual savings. Ava has saved $21.7 million from 2022 through year-end 2024 on the energy purchased through the three prepays it has closed, and savings are now expected to be approximately $14 million annually from those prepays into the future.

With the addition of prepays 4 and 5, savings will be expected to rise to approximately $20-21 million annually on energy purchased through the Power Supply Contracts related to the prepay transactions.

Most of the parties assisting Ava with the prepay will be paid from the proceeds of the prepay bonds. With that said, certain fees, such as rating agency fees and green bond designation fees, are not contingent on a successful prepay transaction closing. Ava negotiated to have the prepay supplier(s) split these costs with Ava if the deal does not close. To minimize this modest risk, Ava will only authorize these fees when necessary.

Additionally, it is important to note that the prepay transaction itself is non-recourse to Ava. The ultimate counterparty with the Prepay Supplier is the CCCFA JPA, so CCCFA is therefore the counterparty to all the underlying agreements. CCCFA is a public entity separate and apart from the parties to the JPA Agreement, and the debts, liabilities and obligations of CCCFA will not constitute debts, liabilities or obligations of Ava or any representative of Ava serving on the governing body of Ava.

Attachments
A. Resolution
B. Presentation
C. Master Power Supply Agreement with Goldman Sachs
D. Prepaid Agreement with Morgan Stanley
E. Letter Agreement Regarding PPA Assignments
F. Project Administration Agreement with Morgan Stanley G. Operational Services Agreement with Goldman Sachs
H. PPA Payments Custodial Agreement
I. Trust Indenture
J. Re-pricing Agreements with and Goldman Sachs
Staff Report Item 17
K. Preliminary Offering Statement (POS) for Prepay with Morgan Stanley L. Preliminary Offering Statement (POS) for Prepay with Goldman Sachs M. MOU for Cost Share with CCCFA
N. MOU for Cost Share with Morgan Stanley
O. Re-pricing Agreements with Morgan Stanley
P. Form of Limited Assignment for Morgan Stanley
Q. Form of Limited Assignment for Goldman Sachs
R. Ava Appendix A for inclusion in POS
Attachment Staff Report Item 17A
RESOLUTION R-2025-[__]

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE AVA

COMMUNITY ENERGY AUTHORIZING THE EXECUTION AND DELIVERY OF

A POWER SUPPLY CONTRACT OR POWER SUPPLY CONTRACTS AND/OR

A CLEAN ENERGY PURCHASE CONTRACT OR CLEAN ENERGY

PURCHASE CONTRACTS AND CERTAIN OTHER DOCUMENTS IN

CONNECTION WITH THE ISSUANCE BY THE CALIFORNIA COMMUNITY

CHOICE FINANCING AUTHORITY OF TWO SEPARATE SERIES OF CLEAN ENERGY PROJECT REVENUE BONDS, SERIES 2025; AND CERTAIN

OTHER ACTIONS IN CONNECTION THEREWITH
WHEREAS, Ava Community Energy (formerly East Bay
Community Energy) (“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. (the “Act”), 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 (as defined below) in March of 2020. The City of Stockton, located in San Joaquin County, was added as a member of Ava and party to the Joint Powers Agreement in 2022. San Joaquin County was added as a member of Ava and party to the Joint Powers Agreement in 2024;
WHEREAS, pursuant to the provisions of the Act, Ava and certain other California “community choice aggregators” entered into a joint powers agreement (the “Joint Powers Agreement”) pursuant to which the California Community Choice Financing Authority (the “Issuer”) was organized for the purpose, among other things, of entering into contracts and issuing bonds to assist Ava in financing the acquisition of supplies of clean energy; WHEREAS, the Issuer is authorized by its Joint Powers Agreement to acquire supplies of clean energy by any means and to issue revenue bonds to finance the cost of acquisition of such supplies, and is vested with all powers necessary to accomplish the purposes for which it was created; WHEREAS, Ava has determined that it is desirable to acquire long-term supplies of clean energy from the Issuer; WHEREAS, Ava is requesting that the Issuer agree to enter into one or two transactions to (i) purchase certain quantities of clean energy from a Delaware limited liability company (the “Prepaid Supplier”) the sole member of which is Morgan Stanley Capital Group Inc., a Delaware corporation (“MSCG”) on a prepaid basis and to sell such clean energy to Ava, as described herein (the 2 “MS Project”) and/or (ii) purchase certain quantities of clean energy from a Delaware limited liability company, the sole equity member of which is J. Aron & Company LLC, a New York limited liability company (the “Electricity Supplier”) on a prepaid basis and to sell such clean energy to Ava, as described herein (the “GS Project” and together with the MS Project, the “Projects”); WHEREAS, Ava has determined to authorize a total of two transactions, consisting of one MS Project and one GS Project or, in the alternative two MS Projects or two GS Projects;
WHEREAS, Ava is requesting that the Issuer finance the costs of the Projects with the proceeds of two separate series of its Clean Energy Project Revenue Bonds, Series 2025 (together, the “Bonds”);
WHEREAS, Ava has determined to authorize the officers of Ava to take all necessary action to accomplish the purchase of clean energy from the Issuer and to assist the Issuer in the issuance, sale and delivery of the Bonds; and
WHEREAS, there have been made available to the Board of Directors of Ava for approval forms of the following agreements to which Ava is a party:

The following “MS Project documents”:

1. Power Supply Contract between Ava and the Issuer;

2. Second Consolidated, Amended and Restated Custodial
Agreement by and among Ava, Morgan Stanley Capital Group Inc., a Delaware corporation (“MSCG”), the Prepaid Supplier, the Issuer and the custodian to be named therein;

3. Letter Agreement among Ava, the Prepaid Supplier and MSCG regarding matters relating to Assignment Agreements with form of Limited Assignment Agreement, by and among Ava, the counterparty to the power purchase agreement described therein, and MSCG; and

4. Prepaid Energy Project Administration Agreement, by and between Ava and the Issuer;

5. Cost Share Memorandum of Understanding (MOU), by and between Ava, Morgan Stanley & Co. LLC and CCCFA, if necessary; and The following “GS Project documents”:

1. Clean Energy Purchase Contract between Ava and the
Issuer;
3 2. PPA Custodial Agreement by and among Ava, J. Aron & Company LLC, a New York limited liability company (“J. Aron”), the Issuer, and a custodial bank agreed to by the Issuer and Ava;

3. Letter Agreement between Ava and J. Aron regarding
matters relating to Limited Assignment Agreements;

4. A form of Limited Assignment Agreement, by and among Ava, the counterparty to the power purchase agreement to be described therein, and J. Aron;

5. Clean Energy Project Operational Services Agreement, by and between Ava and the Issuer;

6. Cost Share Memorandum of Understanding (MOU), by and between Ava and CCCFA, if necessary; and
The MS Project documents and the GS Project documents collectively referred to herein as the “Ava Documents”.

WHEREAS, there have also been made available to the Board of Directors of Ava forms of the following additional documents relating to the Projects:

1. Trust Indentures (the “Indentures”) each between the Issuer and the trustee to be named therein, providing for, among other things, the issuance of and security for the respective series of Bonds;

2. Prepaid Energy Sales Agreement (the “Prepaid Agreement”) between the Issuer and the Prepaid Supplier, providing for the delivery of the prepaid energy supply to the Issuer;

3. Master Power Supply Agreement (the “Master Power Supply Agreement”) between the Issuer and the Electricity Supplier, providing for the delivery of the energy supply to the Issuer;

4. Re-Pricing Agreements (the “Re-Pricing Agreements”)
between the Issuer and the Prepaid Supplier and Electricity Supplier, respectively, providing for the remarketing or refunding of the Bonds from time to time and the establishment of the Monthly Discount available to Ava under the Power Supply Contract and the Clean Energy Purchase Contract, respectively, from time to time during the term of the transactions; and

5. Preliminary Official Statements (the “Preliminary Official Statements”), to be used in connection with the offering and sale of the respective series of Bonds, including the information relating to Ava included in each Appendix A thereto (the Indentures, the Prepaid 4 Agreement, the Master Supply Agreement, the Re-Pricing Agreements and the Preliminary Official Statements, together with the Ava Documents, the “Project Documents”);
NOW THEREFORE, BE IT RESOLVED by the Ava Board of
Directors, as follows:

Section 1. The proposed forms of the Ava Documents, as made available to the Board of Directors for this meeting, are hereby approved. The forms of Limited Assignment Agreements may be used, in substantially the same form, for the initial assignments of Ava power purchase agreements, and in a similar form for additional power purchase agreements as needed to maintain the transactions approved hereby, with such changes as may be necessary to conform to the requirements of such power purchase agreements or as may be necessary to effect such assignment, and any such Limited Assignment Agreements shall be included in the Ava Documents hereby approved. Subject to the parameters set forth in Section 4 of this Resolution, any of the Chief Executive Officer, Chief Financial Officer or Chair of the Board (each an “Authorized Officer”) is hereby authorized and directed, for and on behalf of Ava, to execute and deliver the Ava Documents in substantially said form, with such changes and insertions therein as the Authorized Officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof.

Section 2. The proposed forms of the Preliminary Official Statements, as made available to the Board of Directors for this meeting, are hereby approved. Any Authorized Officer is hereby authorized and directed, for and on behalf of Ava, to execute and deliver a certificate as to the information regarding Ava contained therein and in the final versions of the Official Statements, with such changes and insertions therein as the Authorized Officer approving the same may deem necessary or appropriate. Subject to approval by the Issuer, Ava hereby authorizes the distribution of the Preliminary Official Statements to persons who may be interested in the purchase of the Bonds, and the delivery of the Official Statements in final form to the purchasers of the respective Bonds, in each case with such changes as may be approved as aforesaid.

Section 3. Each Authorized Officer is hereby authorized and directed, for and in the name and on behalf of Ava, to execute and deliver any and all documents, including, without limitation, any tax certificates relating to its expected use of the energy to be purchased by it from the respective Project, any continuing disclosure certificates or similar agreements required for the offering or sale of the Bonds, and any and all closing certificates to be executed in connection with the issuance of the Bonds and to take any and all actions which may be necessary or advisable, in the discretion of such Authorized Officers, to effectuate the actions which Ava has approved in this Resolution, for the issuance, sale and delivery of the Bonds, and to consummate by Ava the 5 transactions contemplated by the Ava Documents approved hereby and the other Project Documents presented to the Board herewith, including any subsequent amendments, waivers or consents entered into or given under or in accordance with such documents.

Section 4. The approvals provided for herein shall be subject to the following parameters:
(a) no more than two total prepayment transactions will be completed on behalf of Ava pursuant to the authorizations granted by this Resolution;
(b) the Bonds will not be obligations of Ava, but will be limited obligations of the Issuer payable solely from the revenues and other amounts pledged therefor under each Indenture, including amounts payable by Ava under the Power Supply Contract(s) and/or the Clean Energy Purchase Contract(s), respectively;
(c) the aggregate principal amount of each series of Bonds shall not exceed $1,250,000,000 per series issued;
(d) the “Monthly Discount” and “Minimum Discount” as provided for in a Power Supply Contract for any MS Project shall be at least 8.0% of the fixed cash flows or equivalent $ per MWh; and
(e) the “Monthly Discount Percentage” as provided for in a Clean Energy Purchase Contract shall result in at least an average annual savings of 8.0% during the Initial Reset Period (as such term is defined in such Clean Energy Purchase Contract).

Section 5. Execution and delivery of the Ava Documents by an Authorized Officer or Officers shall be conclusive evidence that the parameters set forth in Section 4 have been met, and all actions heretofore taken by the Authorized Officers with respect to the issuance of the Bonds are hereby ratified, confirmed and approved.

Section 6. If the conditions set forth in Section 4 have been met, an Authorized Officer may direct the payment to professionals that provided services to Ava in connection with the Projects. These professional services include legal counsel, bond counsel, tax counsel, Municipal Financial Advisor, Swap Advisor, and any other consultant needed to complete the transactions contemplated herein for Ava. Payment to these professionals will be made from the proceeds of the sale of the Bonds respectively and pursuant to the terms of the applicable agreements executed with Ava.

Section 7. If the conditions set forth in Section 4 have been met, an Authorized Officer may direct the payment to additional vendors and/or parties 6 to the Ava Documents or other Project Documents to complete the issuance of the Bonds. These vendors, if any, will be paid pursuant to an agreement for services rendered in completing the issuance of the Bonds and from the proceeds of the sale of the Bonds.

Section 8. This Resolution shall take effect immediately. 7 ADOPTED AND APPROVED at a regular meeting of the Ava Board of Directors on this 18th day of June, 2025.
______________________________________
Jack Balch, Chair
Attest:
___________________________________________
Adrian Bankhead, Clerk of the Board
Board Presentation:

Prepay Financing Approval
June 18, 2025
Attachment Staff Report Item 17B
• IRS Regulations codified in 2005 allow for tax-exempt debt to be issued for the prepayment of electricity to serve load
• Cost of funding with tax-exempt debt is lower than supplier would otherwise receive borrowing from taxable market or from using internal funding at their cost of capital • Energy supply agreement where buyer (Ava) commits to purchase the commodity over a 30-year term, receiving a discount to the market price
▪ Lowers Ava's costs on existing and future energy contracts • Bond investor risk is tied to the supplier and corporate guarantor to make debt service payments and redeem bonds if termination events occur or bankruptcy Prepay Financing Background
2 Goal: Reduce the cost of power purchases
Attachment Staff Report Item 17B
• 2019 - Ava issued RFP for Prepay Services (Prepay
Provider)
• 2021 – Ava closes first-ever CCA energy prepay
bond transaction
Ava’s Prepay Experience:
3 Timeline of Ava Prepay Activity:
• 2024 - Ava amended prepays to maximize savings
and optimize operations
Ava’s Prepays to Date
Prepay Date Closed Provider/Supplier Bond Size
1 9/23/21 Morgan Stanley $1.20B
2 7/12/22 Morgan Stanley $0.93B
3 8/16/23 Morgan Stanley $0.99B
Ava is part of a list of leading CCAs
that have issued energy prepay bonds:
• Ava Community Energy
• Clean Power Alliance (CPA)
• Silicon Valley Clean Energy (SVCE)
• Peninsula Clean Energy (PCE)
• Marin Clean Energy (MCE)
• Sonoma Clean Power (SCE)
• Valley Clean Energy (VCE)
Attachment Staff Report Item 17B
Ava’s Prepay Savings Through ‘24 Total $21.7M
4 -
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
4,500,000
Q1 '22 Q2 '22 Q3 '22 Q4 '22 Q1 '23 Q2 '23 Q3 '23 Q4 '23 Q1 '24 Q2 '24 Q3 '24 Q4 '24 Quarterly Savings by Prepay
Prepay #1 Prepay #2 Prepay #3
Attachment Staff Report Item 17B
Benefits and Risks to Prepay Transactions
5 Benefits
• Power Contract Assignment: Existing renewable PPAs are assigned to the taxable Prepay Supplier. Ava continues to take and pay for the contract energy and attributes. All other PPA terms are unchanged • Contract Reverts to Original Upon Termination: If the prepay program terminates early, prepaid supplier fails to perform or Ava fails to perform, Ava forgoes the future savings • Debt Issued by Conduit Issuer: Non-Recourse: Prepays utilize non-recourse municipal bonds and are not secured or guaranteed by the Ava (off balance sheet), the debt is recourse to the Prepay funding recipient Risks
• Out of Pocket Costs - Loss of staff time; Rating agency and green bond designation fees are paid regardless of a successful transaction
• Opportunity Cost- higher savings through the prepay transaction initiated at a different time. • Load loss or inability to assign a PPA into the prepay due to contractual limitations would likely lead to remediation or remarketing activities and potentially result in the loss of the discount through deal termination.
• Tax and Regulatory risk - changes to tax exempt financing rules or changes to RPS standards Attachment Staff Report Item 17B
Transaction Structure Prepays 4 & 5
6 1. Bond Issuance: CCCFA issues
the Bonds to fund the
prepayment

2. Prepayment: CCCFA will apply
bond proceeds to prepay Energy
Supplier for approximately 30
years of Energy deliveries:

3. Energy Supplier Commodity
Swap

4. CCCFA Commodity Swap

5. Project Participant: Under the
Power Supply Contract, Ava
buys all of the Energy
delivered by the Energy
Supplier less a discount

6. Funding Agreement: Between
Energy Supplier and Funding
Recipient

7. Assigned PPAs: The Project
Participant, Ava assigns
its existing and future PPAs to
the Energy Supplier
Attachment Staff Report Item 17B
Diversification Benefits Within Prepays
7 CCA prepays have primarily always been with the same supplier and funding recipient

1. Diversifying the Energy Supplier reduces risk to Ava • By diversifying, Ava can better protect its risk to losing the discount, if the supplier becomes insolvent or other unforeseen supply concerns
• Staff proposing Morgan Stanley for Prepay 4 and Goldman Sachs for Prepay 5 to diversify

2. Investors seek to diversify their portfolio credit risk to the funding recipient • Can increase savings offered due to higher investor demand for the new funding recipient credit risk • Ava proposes utilizing this new structure for Prepay's 4 & 5 to access new funding counterparties Attachment Staff Report Item 17B
Potential Funding Recipients & CCA Experience
8 Firm Rating
Morgan Stanley & Co. A1
Deutsche Bank Baa1
Canadian Imperial Bank of
Commerce Aa2
Bank of Montreal Aa2
Athene Annuity and Life Company A1
Global Atlantic (Forethought Life
Ins. Co.) A2
Sumitomo Mitsui Banking
Corporation A1
Nomura Holdings Baa1
Pacific Life Aa3
American General Life Ins. A2
New York Life Aaa
Delaware Life Insurance A-Societe Generale Baa2
BNP Paribas, New York Branch Baa1
Recent Transactions Using New Structure
CPA/ CCCFA Series 2023C: Deutsche Bank
CPA / CCCFA Series 2023D: American General Life
Insurance Co.
3CE / CCCFA Series 2023F: National Bank of Canada
SMUD / NCEA Series 2024: Pacific Life Insurance
Company
CPA / CCCFA Series 2024B: Athene Annuity & Life Co.

PCE / CCCFA 2024C: American General Life Insurance Co.

Sonoma / CCCFA 2024G: Athene Annuity & Life Co
CPA/ CCCFA Series 2024H: New York Life
TID/ CVEA Series 2025A: Pacific Life Insurance Co.

VCE/ CCCFA Series 2025A: Athene Annuity & Life Co.

Attachment Staff Report Item 17B
Documents Overview: Ava Signs
9 1. Power Supply Contract
– Sets forth terms for which CCA receives energy for 30-year term – Signed by Ava and CCCFA

2. Letter Agreement Regarding PPA Assignments
– Details the terms of the limited assignment of PPAs between Ava and 3rd party energy sellers – Signed by Ava and Morgan Stanley/Goldman Sachs (Prepay Supplier)

3. Form of Limited Assignment
– Details the terms of the limited assignment of each energy PPA Ava assigns into prepay – Signed by Ava, the original PPA counterparty, and Morgan Stanley/Goldman Sachs (Prepay Supplier)

4. Project Administration Agreement
– Sets out terms for CCA to act on behalf of the Issuer – Signed by Ava and CCCFA

5. PPA Payments Custodial Agreement
– Details cash flows between PPA Buyer (CCA), Prepay Supplier, and Custodian – Signed by Ava, Morgan Stanley, and Custodial Bank

6. Cost Share Memorandum of Understanding (MOU)
– Details the cost share arrangement with MS/GS to cover rating agency and green bond designation fees and Ava responsibility to cover costs in place of CCCFA
Attachment Staff Report Item 17B
Documents Overview: CCCFA Signs
10 1. Prepaid Agreement
– Details the flow of power and payments between the Prepay Supplier and the Issuer (CCCFA) – Terms are largely mirrored in the Power Supply Contract

2. Re-pricing Agreement
– Sets forth terms for remarketing and repricing for future bond repricing periods

3. Trust Indenture
– Sets forth terms of bond issuance and rights of bondholders – Details that all revenues relevant to transaction flow to and through conduit issuer (CCCFA)

4. Commodity Swap documents
– Docs pursuant to which the commodity price is hedged with a 3rd-party swap counterparty (to insulate transaction from market volatility)

5. Parent Guarantee
– Guarantee of “due and punctual payment” from Prepay Supplier to conduit issuer (CCCFA) – Flows in favor of conduit issuer and swap counterparty, respectively

6. Front-End Custodial Agreement
– Outlines payment flows through the transaction, signed by CCCFA, Custodian, and Bond Trustee – Also a Back-End Custodial Agreement which is signed by Morgan Stanley/Goldman Sachs, Custodian, and Bond Trustee Attachment Staff Report Item 17B
Green Bond Designation
What are Green Bonds?
• Bonds offered to investors that qualify as “Green Bonds” per ICMA’s Green Bond Principles. • Targets the marketing of bonds to investors who are seeking investments that support carbon reduction efforts aligning with Ava’s core values
• Potential pricing benefits by driving demand for these investments that improve transaction economics • Verifiers certify through a Second Party Opinion (SPO) that the bonds adhere to Green Bond Principles, Ava Green Bonds
• Ava’s three prior Prepay transactions were sold as Green Bonds • Ava intends to seek Green Bond designation for the upcoming prepay transactions. • Kestrel Verifiers will be engaged to review the use of proceeds and determine eligibility, and if qualified, Ava will use the Green designation
• Kestrel will issue a Second Party Opinion (SPO) to be included in the Offering Statement 11 Attachment Staff Report Item 17B
▪ RFP and selection of providers for Prepays 4 & 5 March/April ▪ Discussed at April Board and further at May FAP and June Ex Comm ▪ Seek Ava Board and CCCFA Board Approval (June)
▪ Marketing and Pricing Bonds late June through July/Aug market depending ▪ Staff is seeking approval for two transactions
Approval Parameters
▪ No more than two total prepayment transactions will be completed on behalf of Ava pursuant to the authorizations granted by the Resolution;
▪ The aggregate principal amount of each series of Bonds shall not exceed $1,250,000,000 per series issued;
▪ Prepay #4 Morgan Stanley – plan to issue up to $1.25 billion prepay bonds late June ▪ Prepay #5 Goldman Sachs – plan to issue up to $1.25 billion prepay bonds in July/August ▪ The “Minimum Discount” as provided for in both transactions shall be at least 8.0% annually Prepay Planning & Approval
12 Attachment Staff Report Item 17B
Q&A- Discussion
13 Attachment Staff Report Item 17B
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14 Attachment Staff Report Item 17B
Attachment Staff Report Item 17B
Jessica Guadalupe Tovar
339 15th Street Suite 208
Oakland, CA 94612
[email protected]
Subject: Ava Community Energy - Oppose Harmful Policies and Advance Investments and Legislation that benefit Your Constituents
June 4, 2025
Dear Ava Community Energy Board Members, Community Advisory Committee Members and Alternates, We encourage Ava Community Energy to oppose increases of the Power Charge Indifference Adjustment (PCIA) proposed by the California Public Utilities Commission (CPUC), support state legislation that would protect the rights and authority of Community Choice Aggregators (CCA’s) and their constituents, and prioritize programs that create community benefits. Such benefits include producing local clean energy, creating clean energy jobs, reducing pollution, improving health, opportunities for new models of ownership and affordability of energy resources.

Oppose Policies that Harm Community Choice Agencies & Your Constituents The CPUC is considering a modification to how the PCIA is calculated that would drastically increase the PCIA fee charged to CCAs. Initially, the Investor Owned Utilities (IOUs) argued the PCIA was needed to compensate them for long-term energy contracts and a loss of customers due to CCAs. However, the IOUs aggressive and repeated advocacy for terms favorable to the corporate utilities have inflated the PCIA charge to CCAs far beyond the PCIA’s original purpose, thereby limiting CCA’s revenues for investments and unfairly punishing CCA customers. The CPUC’s current proposed PCIA modification would exacerbate this problem, threatening the very viability and sustainability of Ava Community Energy’s operations.

It is crucial that Ava Community Energy proactively engages with the CPUC to clearly demonstrate how these higher PCIA charges to CCAs negatively affect the affordability and expansion of renewable energy solutions. Direct advocacy at the CPUC level will help protect Ava’s ability to offer competitive rates and prevent undue financial burdens on local communities.

Support Legislation and Programs that Benefit Community Choice Agencies and Your Constituents
We urge Ava Community Energy to actively support and advocate for state legislation, such as SB 332 (Golden State Energy), and other related measures that support the long-term success of CCAs and their constituents. Such policies provide CCAs with autonomy and financial flexibility, allowing them to set independent rate structures, exist outside of PG&E’s predatory rates and surcharges, and reinvest funds in local communities. Legislation at the state level is important for ensuring that CCAs remain autonomous and capable of meeting local energy needs.

We strongly advocate for the continued prioritization and funding of Ava’s Local Development Business Plan programming. Community programs—including local renewable energy generation projects, affordability initiatives, energy efficiency programs, and resilience-building measures—must remain a priority, even during periods of market volatility or financial stress. These programs directly serve local community needs, contribute significantly to local climate resilience, and support community empowerment and environmental justice. We urge the Board to prioritize these essential programs, even in the face of financial challenges. Ava should explore alternative solutions and strategic financial management to uphold its commitment to the local community.

Establish and fund a new annual Community Based Organization Grant Fund for community non-profit organizations and their needs. This new fund should be independent of Ava Community Energy’s “Community Grants” program which has centered the agency’s marketing of specific programs.

This new program should be in collaboration with local community foundations (East Bay and San Joaquin) in providing funding for projects and programs that guide communities toward a healthier, resilient and sustainable clean energy future. 10% of the funds can help cover administrative costs for the community foundation to administer the grants, thereby not impacting the capacity of Ava Community Energy staff.

There is precedent for such a program at the San Diego Community Foundation that is funded by San Diego Community Power (SDCP). In 2024, the agency allocated $1.2M to the Community Clean Energy Grant Program to award grants to nonprofits within the agency territory for $25-$100K. Proposed projects or programs must be directly related to clean energy and advance one or more of the following focus areas:
● Increasing overall energy literacy of SDCP customers. ● Energy focused educational programming that encourages clean energy use, particularly for youth. ● Improvements in indoor and/or outdoor air quality related to electrification. ● Workforce development opportunities that support careers in the clean energy industry. ● Improved energy resilience to ensure communities can avoid, prepare for, minimize, adapt to, and recover from energy disruptions.

You can read more about the San Diego Community Foundation grant fund here.

To protect Ava Community Energy’s long-term viability and to uphold its mission of community-focused, local, clean energy, People’s Clean Power Alliance urges the Ava Board of Directors to:

1. Directly Engage with the CPUC and Oppose the PCIA Fee Increase . Proactive leadership in opposing the proposed higher fees will send a powerful message that Ava stands firmly against exploitative financial burdens imposed by PG&E.

2. Support Legislation that Empowers CCAs. Actively advocating for state legislation, such as SB 332 (The Golden State Energy Act), will strengthen Ava’s autonomy over rate-setting and protect it from continued financial vulnerability to PG&E’s policies. Ava’s support for such legislative measures is critical for its long-term financial security and effectiveness.

3. Prioritize the Local Development Business Plan Despite Financial Volatility. These programs directly serve the immediate and long-term resilience and energy affordability needs of Alameda County and San Joaquin residents. Maintaining these programs demonstrates Ava’s ongoing dedication to community empowerment and environmental justice.

4. Establish an Annual Community Based Organization Grant Fund that funds community non-profit organizations needs. This program should be done in collaboration with local community foundations in providing funding for projects and programs that guide communities toward a healthier, resilient and more sustainable clean energy future.

By committing to these actions, Ava Community Energy can continue to show responsible, community-driven energy leadership, ensuring long-term resilience, affordability, and sustainability for Alameda and San Joaquin Counties. This will not only help Ava withstand current and future challenges, but will also create affordability and other very needed community benefits for the communities that the agency serves. This will set a powerful precedent for CCAs and their communities across California.

Clean Power to the People,
Jessica Guadalupe Tovar, People’s Clean Power Alliance

June 18, 2025
Chair Balch and Directors of Ava Community Energy
1999 Harrison Street, Suite 200
Oakland, CA 94612
Re: Item 6 – FY2025-2026 Budget - Local Development Strategy and Investments Dear Chair Balch and Honorable Directors of Ava Community Energy, On behalf of the CCA Workforce & Environmental Justice Alliance, we write to urge your Board to continue its support for local development Investments that benefit the climate, community, local unionized workforce, and Ava’s resilience and resource diversification.

We appreciate Ava’s foundational and long-standing commitment to local development, as demonstrated by the Local Development Business Plan, significant annual contributions to the local development fund, and the active and ongoing development of innovative programs.

We ask the Board to support the incremental contribution of $10 million to the local development fund this year, as proposed by staff, even as Ava faces significant financial uncertainty. Additionally, after staff completes its mid-year budget review, if the budget is healthier than projected, we ask the Board to prioritize additional contributions to the local development fund. Over the longer term, we ask that your Board adequately fund both the Reserve Fund and the Rate Stabilization Fund so that the Local Development Fund is more insulated from future budget uncertainty.

We understand from CEO Howard Chang that Ava will embark this year on a strategic planning process to guide local development priorities and investments over the next five years. We look forward to participating in that process and would like to be involved from the outset.

As the Board and staff look towards strategic planning for the next phase of local development investments, we ask that you prioritize programs that are high-road by design, and invest in under-resourced, equity-priority communities most at risk to extreme weather and other impacts of climate change.

Building on the success of our prior work together adopting leadership Workforce and Environmental Justice project selection standards for clean energy projects, we look forward to continued partnership on supporting strategic development and continuous improvement of Ava’s local development investments.

Sincerely,
Eric Veium, Tim Frank, & Leslie Austin
Co-directors, CCA Workforce & EJ Alliance
Jessica Guadalupe Tovar
339 15th Street Suite 208
Oakland, CA 94612
[email protected]
Subject: Ava Community Energy - Oppose Harmful Policies and Advance Investments and Legislation that benefit Your Constituents - Updated with signatories below June 18, 2025
Dear Ava Community Energy Board Members, Community Advisory Committee Members and Alternates, We encourage Ava Community Energy to oppose increases of the Power Charge Indifference Adjustment (PCIA) proposed by the California Public Utilities Commission (CPUC), support state legislation that would protect the rights and authority of Community Choice Aggregators (CCA’s) and their constituents, and prioritize programs that create community benefits. Such benefits include producing local clean energy, creating clean energy jobs, reducing pollution, improving health, opportunities for new models of ownership and affordability of energy resources.

You can read more about the San Diego Community Foundation grant fund here.

To protect Ava Community Energy’s long-term viability and to uphold its mission of community-focused, local, clean energy, People’s Clean Power Alliance urges the Ava Board of Directors to:

Clean Power to the People,
Jessica Guadalupe Tovar, People’s Clean Power Alliance
Northern California Solar Energy Association (NorCalSolar.org) People Power Solar Cooperative
RE-volv
Center for Biological Diversity
San Francisco Bay Physicians for Social Responsibility
Collective Resilience
West Oakland Environmental Indicators Project
Reclaim Our Power
350.org Bay Area
St. Mary's Center
Emerald Cities Collaborative
Environmental Justice Advocates, First Unitarian Church of Oakland Little Manila Rising
Indivisible California Green Team
Long Beach Alliance for Clean Energy
Santa Cruz Climate Action Network
Local Clean Energy Alliance (LCEA)

Ava Community Energy Board of DirectorsJune 18, 2025

Ava Community Energy Board of Directors
June 18, 2025