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