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